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LIBRARY OF CONGRESS. 

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UNITED STATES OF AMERICA. 

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NOTES ON 



U. S. GOVERNMENT 



ADMINISTRATION 



W: W. WILLOUGHBY, 
wT"f. WILLOUGHBY. 



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1889. 



Copyrighted, 1889, by W. W, and W. F. Willotjghby. 



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CONTENTS. 

1. Preface. 

2. Government, 

3. Colonial Governments, their relation to each other and to 

England. 

4. Steps towards Union, Articles of Confederation, and Adop- 

tion of Constitution, 

5. Law Regulating the Presidential Succession. 

6. Law Regulating the Election of Senators, 

7. Congressional Government, 

8. Cabinet and Executive Departments. 

9. The Federal Judiciary, 

10. Ordinance for the Government of the Northwest Territory, 

11. Territorial Government. 

12. State Governments. 

13. Local Government. 

14. Municipal Government. 

15. Government Revenue and Expenditure. 

16. Acquisitions of Territor3^ 

17. Public Land System. 

18. The Money We Use, 

19. Party Machinery and Government. 

20. Introductory to the Study of the History of Political Parties- 

21. Reconstruction. 

APPENDIX. 

History and Government of District of Columbia. 



PREFACE. 

The necessity that American youths should be made ac- 
quainted not only with the leading events connected with the 
history of their country, but also be taught something in regard 
to the nature and workings of the Government under which 
they live, is now well recognized. In the Grammy Schools (8th 
grades) of Washington, to meet such a want, there has been in- 
troduced a course in history of political parties and forms of cen- 
tral and local government in the United States. As a teacher 
in one of these schools, one of the authors lias found himself 
considerabl}^ handicapped by the impossibility of obtaining a 
text-book covering the ground of the course prescribed, and 
suitable either for his own use or for use by the scholars. He 
has been obliged to collect information from various sources, 
and give it to his class largely by dictation. The only attempts 
which have been made to supply this want have been text-books 
on Civil Government, which have been merely expositions of 
the Constitution, and in which no effort has been made to give, 
what is still more important, a description of the actual work- 
ings of the machine of government, its divisions and organiza- 
tion. Especially here in Washington, in the very heart of gov- 
ernment, in the midst of its practical workings, and surrounded 
by the great Departments, and Congress and the Supreme Court, 
is it important that the working features or administration of 
government should be known and understood. 

These notes are intended as an aid to teacher and scholar, and 
for use in a class, the members of which are already familiar 
with the leading events and names in United States history. 
They are a collection o^ notes on various subjects in United 
States history, government and administration, and give supple- 
mentary information which can be obtained only with great 
difficulty by most teachers, and which cannot be obtained at all 
by the scholars. 

It is intended that, after finishing the study of the first four 
chapters, the Constitution should be taken up and thoroughly 
learned, and in connection with this, chapters 5, 6, 7, 8, and 9; 
each chapter to be studied as that clause in the Constitution is 
reached which relates to the matter treated of in that chapter; 
thus showing the Constitutional provision and its practical 
working at the present time. Thus, in connection with Article 
III is to be studied that chapter entitled, "The Federal Judi- 
ciary," etc., etc. 



In them the authors have endeavored to bring out the fact that 
our present form of government is far from being contained 
in the written Constitution of 1787, and that a study of that in- 
strument alone will give a very inadequate idea of our govern- 
ment of to-day. The Constitution M^as but a foundation upon 
whicii to build a government. It was a plan in outline, to be 
filled up from time to time by legislation. 

Nothing like an analysis of the Constitution has been attempted 
in these notes, and reference has been made to it only when neces- 
sary to show authority for actions cf the government. History 
proper, except as showing the basis and causes for our institu- 
tions, has likewise found no place here. The aim has been to 
prepare a brief note-book as a guide to the instruction of 
students in the practical every-day business part of government; 
in other words, a book on .administration. In order that the 
pupil may understand his relations to all the governments 
under which, he lives, and which play such a large part in his 
welfare, not only the Federal Government, but the State and 
local governments as well, have received attention. 

As the title indicates the book is to be used not as a regular 
text-book, but as a printed note-book to supply information 
which would otherwise have to be dictated by the teacher. It is 
not intended, however, that written note-book work by the 
scholar should be entirely supplanted. The notes furnish an 
outline to be filled up. Many things are just mentioned which 
the teacher must explain at greater length. For example, the 
Diplomatic and Consular Bureaus are mentioned as being under 
the State Dej)artment. The teacher should explain more fully 
their importance, duties, etc. 

For the assistance of tiiose who may wish to obtain additional 
information on any subject treated in this book, there has been 
appended to each chapter a list of the best and most accessible 
sources of information. 

Lastly, though this book does not pretend to give any con- 
nected account of administration or politics, yet the subjects 
have been carefully arranged in progressive order, such as would 
be most naturally used in a course to which they are intended 
as an aid. 

Though written especially for use in the public schools of 
Washington, D. C, it is hoped that they may be used with some 
advantage elsewhere. 

W. W. WiLLOUGHBY, 
W. F. WiLLOUGHBY. 

Washington, D. C, 1889. 



Government. 

From the earliest ages that history records, and in all countries 
inhabited by man, people have found it necessary to bind them- 
selves together, tiiat certain things might be done by all in com- 
mon — in other words, to establish some form of government. 
This was necessary as there were, and are, many things which, 
from their very nature, cannot be left to each individual to do or 
not do as he may choose, or to do in his own way. First and 
above all, government was necessary to protect the weak from 
the strong. Thus came the necessity that the people as a whole, 
by some form of government, should administer justice accord- 
ing to the rights and not strength of individuals. Tims, too, for 
successful warfare with other nations, government was necessary 
to insure a united action on the part of the whole people. Other 
examples might be added, but these are sufficient to show that at 
all times and in all countries, government of some kind must, 
and does exist. 

As nations and the world progressed in civilization, first from 
the condition of rude hunters to the feeding of flocks, then to the 
tillage of the soil, and finally to the pursuit of commerce and 
manufactures, these common interests of man became more and 
more numerous, and thusgovernment, as representing these com- 
mon interests, became more and more important, until to-day 
government is a powerful servant of the people, performing many 
most important duties for them. 

Each nation has developed for itself its own kind of govern- 
ment, different in some respects from all others, yet in all cases 
distinctly referable to four well-defined forms of government : 
(1) Monarchy, (2) Aristocracy, (3) Democracy, and (4) Republic. 

Ist^ Monarchy. A Monarchy is a nation at whose head is one 
man, called King, Emperor or Czar, who has control of the gov- 
ernment, appoints all government officers, etc. Thus England, 
Russia, Germany, Spain, Italy, and Austria are monarchies. This 
form of government is divided into two kinds, (1) Absolute Mon- 
archies, and (2) Limited Monarchies. 

An Absolute Monarchy is one where the monarch is of supreme 
power and authority, controlling absolutely all the powers of 
government himself, without limitation or interference. Exam- 
ples of this form of government are Russia and Turkey. 

A Liviited Monarcliy, as in England and Germany, is one where, 
though the monarch is at the head of government, his power is 
not absolute, but limited by the action of some other body, which 



makes the laws subject to his approval, as Parliament limits the 
power of the King or Queen of England. Monarchies may dif- 
fer from each other in yet another important respect. They may 
be either hereditary, i. e., where the kingship descends in one 
family according to birth, from father to son or next of kin ; or 
elective, where upon the death of the king, another is elected to 
succeed him. 

2d, Aristocracy. An aristocracy is a government in the hands of 
a select few called the aristocracy, who transmit this authority to 
their children. Such was the case in certain of the Grecian States 
at different periods of her history. There exists to-day no aris- 
tocratic government proper. 

3d, Democracy. A Democracy is a government where all the 
people rule directly, meeting in popular assembly, and thus by 
their votes, determining their action. This is only possible in 
the case of small communities, and where the people live close 
together. This form of government was found among the old 
Grecian States, and does not exist anywhere at the present time. 

4th, Republic. A Republic is but a modification of a Democ- 
racy, better adapted to a large and widely separated popula- 
tion. Under it the people rule themselves, not directly, as in 
a Democracy, but through officers chosen by themselves. The 
participation of the people in government consists therefore only 
in a choice of the officers to represent them and carr^' out their 
wishes. There exist many republics to-day, the tendency being 
for nations more and more to approach this form of government. 
The best example of this class is that of our own Government — 
the United States of America. 

Structure of Government. 

The duties of government have become so large and important 
that they must be divided among different officers or bodies 
according to tlieir nature. No one man, nor even an assembly of 
men, can alone transact all this business. These duties of govern- 
ment are in all countries of three distinct kinds called, respect- 
ively, (1) Legislative, (2) Judicial, and (3) Executive. 

1st. The Legislative is that part of government which makes 
the laws or rules by which the government is carried on, just as 
rules are made for the government of a school building. These 
duties are called legislative, and are performed by the legislatures 
of nations, such as Congress in the United States and Parliament 
in England. These are the bodies which determine what govern- 
ment shall or shall not do, and how those duties, when undertaken, 
shall be performed. 

2d. The Judicial is that power which is intrusted to courts and 
judges to interpret the meaning of the laws which are made by 



7 

the legislatures, and to apply them in particular cases where 
doubt or dispute may arise, or the law be broken. 

3d. The Executive branch has the duty of enforcing the laws 
after they are made by the legislature and interpreted by the 
courts. This is the real business part of government, where the 
laws are put into effect and the work of government actually car- 
ried on. In the United States Government this power is placed 
in the hands of another body of men distinct from the legislative 
and judicial officers. At the head is the President, and hence his 
title of " Chief Executive." It is evident that he must divide up 
the vast amount of work to be done and delegate it to others, sub- 
ject only to his supervision and control. Congress directs how 
this shall be done. The executive duties of government are there- 
fore divided up among eightdepartments: (1) TheState,(2) Treas- 
ury, (3) War, (4) Navy, (5) Interior, (6) Post-Office, (7) Justice, and 
(8) Agriculture. The heads of the departments are appointed by 
the President and are his counsellors, the President thus having 
control generally over the whole executive duties of government. 
The business of these departments is again divided up into sub- 
departments called " bureaus " and the bureaus into divisions, and 
so on until finally the individual workers, the clerks, are reached. 
All work in one finely organized system. The clerk is responsi- 
ble to his chief of division, the chief to the head of his bureau, 
(called commihsioner,) and the commissioner to the head of his 
department, and he finally to the President. Each man has his 
certain place in the system, and no one works at random. 

In the United States these three divisions of government, the 
Legislative, the Judicial and the Executive, are kept entirely dis- 
tinct and separate from each other, one set of officials performing 
tiie duties of the first, another of the second, and a third those of 
the last. This separation is one of the distinctive features of our 
form of Government, as in no other country are they kept so apart. 
In the absolute monarchy all three combined are exercised by the 
monarch; in a limited monarchy to a less extent, and so to a 
greater or less extent in the other forms of government. Tiie 
individual States of the Union are in this respect siraihir in their 
government to the United States, whose constitution they have 
closely followed. 

So large and varied has the business of government become 
that yet another division of its duties has become necesary, that 
between central and local government. As manj^ of the duties 
performed by government do not affect all citizens, but are local 
in their character, affecting only certain restricted districts; in 
all nations there has been made a division of the country into 
districts which govern themselues in respect to these local mat- 
ters which concern themselves alone, and in regard to tiiem act 
independently of the rest of the nation. Thus local government 



8 

in each city paves its streets, etc., without the intervention of the 
State or Federal Government, as it alone is interested in its exe- 
cution. 

The central government is in all cases the government of the 
whole nation, and is the superior government, exercising some 
kind of control over the local governments. The central govern- 
ment retains to itself all those powers which concern the whole 
people. 

This division has gone further in the United Si^tes than any- 
where else, though in no civilized country is this division between 
central and local government entirely wanting. In the United 
States we have a threefold division into (1,) the Central Govern- 
ment, (Federal Government;) (2,) the State Governments ; and 
(3,) Local Governments within the States, as the governuDent of 
towns, cities, counties, etc. The citizen of the United States thus 
owes allegiance to, participates in, and is governed by three sep- 
arate governments, each with its distinct class of duties, pre- 
scribed by the nature of the case, to wit: 

1. The Federal Government, which protects him at home and 
abroad in peace and war, by its army and navy, regulates his 
commerce, carries his mail, protects his inventions, etc. 

2. The State governments administering justice to liim and 
security to his wealth and property by her courts, educating his 
children, etc. 

3. The Local governments, which protect him from violence 
by its police, cares for his health by sanitary measures, paves and 
lights the streets, etc. 

This division is but the application of plain business princi- 
ples to government, which, in fact, is but one vast business enter- 
prise managed by the people for themselves. 

A bare enumeration of the duties performed by government 
and the benefits received by each citizen from it, shows the im- 
portance of the study of, not only the history of our country, but 
that of our present government, that we may all understand the 
workings of this agent of the people, which plays such an impor- 
tant part in satisfying our wants, and in determining our welfare. 
It is not a difficult task if approached properly. It is a practical 
and systematic structure, and its spirit once grasped, the rest will 
follow easily. 



Colonial Governments; Their Relation to each Other, 
AND TO England. 

To understand clearly the earl}^ history of our country, the 
grounds' or reasons for the grievances of the colonies against their 
mother country, leading finally to the Revolutionary War, and, 
above all, to appreciate the events of that most critical period of 
our history, when the colonies, then free, were in doubt as to 
what form of government they should adopt; their unsuccessful 
experiment of a loose confederation under the Articles of Con- 
federation, and their final success in the adoption of our present 
well-working Constitution: to clearly appreciate all this, it is of 
essential importance that we should gain an intelligent idea of 
the condition of the colonies at that time, their relation to each 
other, which would render union possible, and their governmen- 
tal relation and attitude towards England, whose dependencies 
they were. 

Let us jfirst see wherein the colonies differed one from another. 
The colonies were settled at various times, under widely different 
circumstances, by men different in religion, instincts, and manner 
of thoughts and living. Above all, we should bear in mind that 
in government they were each entirely independent of all the 
others. 

"Though the colonies had a common origin, and owed a com- 
mon allegiance to England, and the inhabitants of eacli were 
British subjects, they had no direct political connection with each 
other. Each, in a limited sense, was sovereign within its own 
territory." * * * "The assembly of one province could not 
make laws for another." * * * "As colonies they were also 
excluded from all connection with foreign States. They were 
known only as dependencies. They followed the fate of their 
mother country both in peace and war." * * * They could 
not form any treaty, even among themselves, without the consent 
of England. (Story, p. 163.) Not only were the colonies inde- 
pendent of each other, but their governments were of several 
widely different forms. They were of three kinds. 

1st, Provincial. 

2d. Proprietary, and 

3d. Charter Governments. 

ht. Provincial Colonies. — Those colonies which possessed a pro- 
vincial form of government were royal colonies and governed 
almost entirely by England, as she still governs many of her 
colonies to-day. At the head was a governor appointed by the 
King of England. He was assisted by a council also appointed 



10 

by the king. The constitution and laws for this form of govern- 
ment were found in the commission and instructions given to the 
governor by the English Government. By them he was empow- 
ered to summon a representative assembly. This legislative body 
consisted of the governor, his council, appointed by the king, and 
a lower house elected by the people. The governor had the right 
of veto, and the power to dissolve the assembly. The legislature 
could make laws, provided they were not repugnant to the laws 
of England. These laws were subject to tlie approval of the 
Crown. The governor, witli the advice of his council, could erect 
courts, appoint judges, levy forces, etc. From the highest courts 
in all the colonies an appeal lay to the English King in Council. 

2(i. Proprietary Colonies. — The English King often gave to in- 
dividuals large tracts of land in the New World. In addition 
to ownership of the soil, in many cases was given the right to 
establish civil government. These proprietors had all the inferior 
royalties and subordinate powers of legislation. The proprietor 
could appoint or dismiss the governor, he could invest him with 
the power to convene a legislature, with power to veto its acts 
according to his wishes, and' to perform all other powers of a 
governor. All laws made were subject to the approval of the 
English Crown, Maryland excepted. 

Sd. Charter Governw^ents. — The political organization under 
cliarter governments was similar to that in the royal colonies. 
A charter, however, served as a written constitution, granting to 
the people of a colony certain privileges which the governor or 
king could not justly take away from them. These charters had 
at first been formed for the government of bodies of men, who, 
uniting and forming a commercial company or corporation, had 
obtained the privilege of settling portions of North America, and 
had obtained from the king charters grantingthem certain rights. 
On organizing into colonies these were used for general political 
government. These charters were in some cases very liberal, 
granting almost self-government. In Massachusetts the governor 
was appointed by the Crown; the council was chosen annually 
by the lower house, but the governor had a right of veto on 
their choice. The lower house was elected by the people. In 
Connecticut and Rhode Island the governor, council, and assem- 
bly were annually chosen by popular vote, and all officers were 
appointed by them. In these two the governor had no veto, and 
the laws did not require the royal approval. 

Seven of the original colonies began under proprietary govern- 
ments—New York, Pennsylvania, Delaware, North and South 
Carolina, Maryland, and New Jersey. 

Of these four — New York, New Jersey, North and South Caro- 
lina — became eventually Provincial Colonies, and Maryland was 
at one time in the same state. 



11 

Three of the colonies, Massachusetts, Connecticut, and Rhode 
Island, were settled under charters which were never surrendered. 

Three others, Virginia, Georgia, and New Hampshire, possessed 
charters for a while, but eventual!}' became roj^al colonies. 

In this slight sketch we can see that the colonies were far from 
united, and that union was difficult of accomplishment. All the 
colonies considered themselves as dependencies of the British 
Crown, owing allegiance thereto, the king being the supreme or 
sovereign lord. The colonists enjo.yed all the rights and privi- 
leges of British-born subjects, and the benefit of the common 
laws of England, and all their laws were required to be not re- 
pugnant to, but as nearly as possible in conformity to the laws of 
Enghmd. In all the colonies local legislatures were established, 
one branch of which at least consisted of representatives chosen 
by tlie people to represent and defend their interests. In all mat- 
ters of domestic and internal interest the colonies deemed them- 
selves possessed of entire authority, and in the management of 
them entirely independent of England. Under this head came 
the right of taxation, over which the colonies claimed complete 
control and denied to the English Parliament that right. The 
English Government maintained the doctrine that Parliament 
liad authorit}'- to bind the colonies in all matters whatsoever. 
This, as we have seen, was denied by the colonists, especially as 
regards taxation. 

At the beginning of the Revolutionary war, neither was an 
utter denial of all Parliamentary control over them maintained, 
nor independence claimed. It was not until 1776 that they were 
driven to a declaration of full and entire independence and self 
government. 

From this slight sketch we can see that the colonies were far 
from being a united nation. However, although the colonies were 
independent of eacli other in respect to their domestic concerns, 
they were not wholly alien to each other. All were subjects of 
the King of Great Britain. In all, or nearly all, the common law 
of England was their common law. 

Their relation to England was that of British subjects, and as 
such they claimed all the rights and privileges enjoyed by Eng- 
lishmen. It was on this ground, and on this ground alone, that 
tliey resisted the principle of taxation without representation in 
that Parliament wiiich imposed the taxes, as other Englishmen 
enjoyed that privilege. Story says : " Perhaps the best summary 
of the rights and liberties asserted by all the colonies is con- 
tained in the celebrated declaration drawn up by the Congress of 
the nine colonies assembled at New York in October, 1765." (Stamp 
Act Congress.) That declaration asserted tliat the colonists 
" owe the same allegiance to the Crown of Great Britain that is 
owing from his subjects born within the realm, and all due sub- 



12 

ordination to that august body, the Parliament of Great Britain." 
That the colonists " are entitled to all the inherent rights and 
liberties of his (the king's) natural born subjects within the 
Kingdom of Great Britain." " That it is inseparably essential 
to the freedom of a people, and the undoubted right of English- 
men, that no taxes be imposed on them but with their own con- 
sent given personall}^ or by their representatives." That the 
" people of the colonies are not, and from their local circumstances 
cannot be, represented in the House of Commons of Great Brit- 
ain. That the onl.y representation of these colonies are persons 
chosen therein by themselves, and that no taxes ever have been 
or can be constitutionally imposed upon them but by their re- 
spective legislatures. * * * And tiiat the trial by jury is tiie 
iniierent and invaluable right of every British-born subject in 
these colonies." 

Such was the condition of the colonies just prior to their sepa- 
ration from England, independent of each other as to govern- 
ment, but with common interests as regards their mother coun- 
try. 

Story's "Commentaries on the Constitution." (The best.) 

Doyle's " English Colonies." 

Most tex-tbooks on Civil Government. 



Steps Towards Union. — Articles op Confederation and 
Adoption of Constitution. 

Previous to 1774 the thirteen English colonies in America 
liad had no political or governmental connection with each 
other. Any attempt on their part to have united without the 
consent of the English King or Parliament would liave heen con- 
sidered beyond their power and as insubordination towards the 
Englisli Government. 

JSleiu England Confederation. In 1643 there was indeed formed 
a union of tlie four colonies of Connecticut, New Hampshire, 
Plymouth, and Massachusetts Bay, termed the "New England 
Confederation," whicn lasted forty 3'ears ; but this was only a 
union for mutual protection against their common foes, tlie 
French, the Dutch, and the Indians, and not for joint legislation 
or government. It was a mere alliance. 

The Albany Convention — (Franklin's Plan.) In 1754, however, 
there was held a meeting of the colonies of New Hampshire, Mas- 
sachusetts, Rhode Island, Connecticut, New York, Pennsylvania, 
and Maryland, called the "Albany Convention,"in which was pro-' 
posed a union of all the colonies under one government. Ben- 
jamin Franklin, the chief promoter of this scheme, drew up an 
elaborate constitution which was to be adopted. According to 
this plan there was to be a chief executive, elected by the king, 
and a council of 48 members, to be chosen by the legislatures of 
the several colonies. This scheme failed to obtain either tlie con- 
sent of the king or of the colonies themselves. It was too much 
union for the king, and not enough for the colonies. 

Tlie Stamp Act Congress. The indignation aroused b}^ the at- 
tempt of England to tax her colonies without allowing them a 
voice in the Parliament which imposed such taxes gave rise to a 
meeting in 1765 of delegates from eight of the colonies, called the 
"Stamp Act Congress." The obnoxious Stamp Act was repealed, 
but England continued to impose other taxes. 

First Continental Congress. An invitation was sent out by Vir- 
ginia to all the colonies, calling a meeting of delegates to con- 
sider what could be done by the united action to resist their com- 
mon grievance. Thus met the "First Continental Congress" in 
1774, in which all the colonies but Georgia were represented. 
This Congress adopted a declaration of rights and grievances, in 
which it maintained that taxes should be imposed onl}^ in tlieir 
own legislatures, as long as they were unrepresented in the Eng- 
lish legislature, (Parliament.) Also, that they were entitled to the 



14 

rights, liberties, and immunities of free, natural-born subjects 
within the realm of England. 

The Second Continental Congress. On May 10, 1775, met the 
Second Continental Congress. The battle of Lexington, had been 
fought and American blood shed. Tiiough the colonies had not 
yet any intention of throwing off all connection with Eng- 
land, they were prepared to resist any invasion of their rights 
by arms. A national army was raised, and General Washington 
was elected Commander-in-Chief. This Congress also provided 
for the raising of money, contracted debts, and established a na- 
tional postal system. These were the first legislative acts by the 
joint action of the colonies. As the war progressed Americans 
became convinced that complete separation from England was 
necessary and just. This Congress sat continually during the 
war, adopted the Declaration of Independence, pid also the 
Articles of Confederation. 

Declaration of Independence. On July 4, 1776, was issued the 
Declaration of Independence. In this time of danger a definite 
compact of union which would guarantee the united action of all 
the colonies was seen to be required. 

Articles of Confederation. Accordingly, in 1777 the "Constitu- 
tional Congress" adopted a scheme of union embraced in a paper 
named the "Articles of Confederation." These articles, though 
adopted as early as 1777, did not go into effect until 1781, the 
provision being that they should not be considered as in force 
until ratified ]^v r,/'/; the colonies, and several refused to ratify 
until all State claims to western territory should be relinquished 
to the National Government for the common benefit. 

The Purposes of the Cor federation. The purposes of this Con- 
federation are best stated by giving Article III of the x\rticles : 

"The said States hereby severally enter into a firm league of 
friendship with each other for their common defense and security 
of their liberties and their mutual and general welfare, binding 
themselves to assist each other against all force ottered to or at- 
tacks made upon them, or any of them, on account of religion, 
sovereignty, trade, or any other pretext whatever." 

Elements Tending to Separation and Those Tending to Union. — 
We must remember tliat this was a union of thirteen previ- 
ously separate States. The elements which had tended to keep 
them apart had been the difficulty of travel and communica- 
tion between the colonies, the lack of commercial intercourse, 
but more than all, the local jealousies. The small States feared 
the larger; commercial jealousies were very keen. In 1756 
Georgia and South Carolina actually came to blows over a dis- 
pute as to the navigation of the Savannaii river. Other disputes 
about boundaries were frequent. States with good harbors and 
seaports desired to keep the benefits of them exclusively to them- 



15 

selves. At that time, too, the people of the thirteen States were 
far more widely separated in their forms of government, their 
industrial habits and social customs than they are now. On the 
other hand, the elements which tended to urge on a common 
union between them were common race, language, and nation- 
ality, and man}'' similar institutions, and most of all common 
interest and peril. 

Scheme of Government under the Articles of Coiifederatio7i. — 
The Articles of Confederation established a framework of gov- 
ernment for the confederated colonies, which government was to 
control those matters which were shown to be impossible of exe- 
cution except by united national operation. As a scheme of 
government it was no better than a makeshift. It was an effort 
to form a Federal power without diminishing the powers of the 
States — an effort to pare off slices of State government without 
diminishing the loaf. That such a union could be, as the scheme 
progressed, perpetual, was impossible. 

Under these Articles of Confederation the sole functions of the 
Federal authority, legislative, executive, and judicial, were 
vested in a Continental Congress, consisting of a single house of 
delegates, who voted by States, and were appointed annually in 
such a manner as the respective States might direct. Each State 
was entitled to not less than two nor more than seven delegates, 
a majority of whom decided the vote of the State in question. 
The executive functions were largely performed by a Committee 
of State, which was empowered to sit during recesses. For all 
important measures the votes of every State VvvvS required. The 
vote of all thirteen was required for an amendment. 

Defects of the Articles of Confederation. — In this scheme of union 
there were many fatal defects. Some of these defects were — 

1. The want of some compulsory means of enforcing obedience 
to the acts of Congress. The articles provided neither an exec- 
utive power nor a national judiciary worth mentioning. As one 
writer has said : " Congress could declare everything, but do noth- 
ing." Hamilton, the great expounder of the Constitution, said: 
" Laws are a dead letter without courts to define their true mean- 
ing and operation." A single colony could with impunity disre- 
gard any decree of the Congress. 

2. The large vote required to pass all important measures. 

3. The absence of the right to regulate foreign commerce, and 
make duties uniform, and to collect those duties. This defect, as 
we will find, was one of the most vital, and more than any thing 
else decreed the failure of the practical working of the Confeder- 
ation, and showed the necessity of a better and stronger National 
Government. 

4. The almost impossibility of amendment. Since a unani- 
mous vote was required, the selfish interest of one State could 



16 

stand in tlie way of an amendment beneficial and necessary to 
the other twelve. 

5. There was no power to enforce treaties. Foreign countries 
recognized this, and therefore refused to enter into any treaties 
with us. Washington said: "We are one nation to-day, and 
thirteen to-morrow. Who will treat with us on such lerms." 
England refused to carry out the conditions of the treaty of 1783, 
and continued to keep troops on our Western borders. 

6. The central authority had insufficient power to control 
disputes arising between the States. 

7. Lack of Federal judiciary. 

8. Lack of control over commerce. 

9. Lack of power to collect taxes, or to raise revenue to defray 
even the ordinar}' expenses of government. This was the most 
striking and important defect of them all. The whole power 
given to Congress under this head was the power "to ascertain 
the sum necessary to be raised for the service of the United 
States, and apportion the rate or proportion on each State." 
The collection of such taxes was left to the States themselves, 
and if they refused (as they frequently did) the Federal Govern- 
ment had no power to compel them. 

Our present better government has been truly said to have 
been " wrung from the grinding necessities of a reluctant people." 

Adoption of the Constitution. — Actual hostilities ceased in 1781. 
In 1783 peace with England was declared, and the independence 
of the colonies was achieved. The war, however, left us a people 
with an empty treasury, and a country drained of its wealth and 
impoverished by the exhaustive struggle. It left us with a large 
national debt, both to our own citizens and friends abroad, and 
most of all, left us with an army of unpaid patriotic soldiers. Now, 
no sooner had foreign danger been removed than domestic troubles 
arose, which filled all with gloomy forebodings for the future. With 
tlie loss of that cohesive principle which common danger supplied 
them, the colonics now began to fall apart. Even during the prog- 
ress of the war the weakness of the Union had shown itself. Wash- 
ington unhesitatingly declared that it was the lack of sufficient 
central authority that caused the prolongation of the war. Oiie 
instance will show how weak was the Federal authority. During 
the summer of 1783, when Congress was at Philadelphia, some 
eighty deserters from the army so threatened Congress as to force 
a removal of our Federal capital from that place to Princeton. 
The Continental finances were in a deplorable condition. Con- 
gress could not even collect sufficient taxes for the payment of 
the interest on the public debt. The States could, and often did 
refuse to pa}'' their [)roportion of taxes imposed upon them by 
Congress. Congress made a last attempt to raise a revenue by a 
tax on imported goods, but this measure failed, New York alone 



17 

refusing to ratify. Congress, as a fact, did not collect one-fourth 
of her demands. Commerce was going to ruin. England, in 
spite, refused to allow us the rich trade with the West Indies. 
To these troubles were added the mutual jealousies and selfish- 
ness of the States. Each of tlie States tried to attract commerce 
to itself, aiid" passed laws hurtful to the other States. 

The people in Massachusetts were in insurrection. The French 
minister wrote to his country : "There is now no general gov- 
ernment in x^merica — no head, no Congress, no administrative 
departments." 

For all these evils the limited and imperfect powers conferred 
upon the Federal Government b}' the articles of Confederation 
afforded no adequate remedy. Even the Constitutional Congress 
was now in danger of disappearing. States, to save expense, neg- 
lected to send delegates, and repeated appeals had to be made to 
get representation from nine States so as to pass important meas- 
ures. A better union was seen by all thoughtful citizens to be a 
necessity, but difficult to obtain, owing to the inter-State differ- 
ences. The idea of having a convention separate from the Con- 
gress, whose work it should be to frame a stronger government, 
gradually gained ground. 

The Constitutional Convention was only obtained in a round- 
about way after repeated failures. Tiie first attempt was made at 
Alexandria, and failing there adjourned to Annapolis, Md., and 
there, only five States sending representatives, adjourned again 
to Philadelphia, where in May, 1778, delegates from all the States, 
except Rhode Island, finally assembled. 

The Constitutional Convention. 

Fifty-five delegates were present. With scarcely an exception 
they were all clear-headed, able, and moderate men. Virginia 
sent Washington, Madison, Edmund Randolph; Pennsylvatiia 
sent Benjamin Franklin, Robert Morris, and James Wilson ; New 
York sent Alexander Hamilton ; New Jersey, Patterson ; and 
South Carolina the two Pinckneys. Washington was chosen 
President of the Convention. Two rules were first adopted : 
1st, proceedings were to be secret, and 2d, one vote was to be 
given to each State, thus making it of no importance whether a 
State had a large or small delegation. 

Though the delegates had thus assembled to form a better and 
new union, they differed widely in their views as to what changes 
were necessary, and as to what powers should be given to the 
Federal Government, and what retained by the States. Some 
desired merely a change of the existing Articles of Confederation 
by granting more power to the Federal Government, while others 
wished an entirely new Constitution, which latter view prevailed. 



18 

The convention at once became divided into two parties. The 
first represented the small States, such as New Jersey and Dela- 
ware, and the other the larger States, such as Virginia, New 
York and Massachusetts. The plan brought forward by the 
part}^ of the large States was that presented to the convention by 
Edmund Randolph, of Virginia, generally known as the National 
or Large State Plan. This plan proposed a congress of two 
houses, having power to legislate on all National matters, and to 
compel obedience on the part of the States. Representation in 
both houses was to be based on population, thus giving to the 
large and more populous States the control of both branches of 
the legislature ; and, also, since by this scheme the President, 
executive officers, and judges were to be appointed by Congress, 
control of the whole administration of the new government would 
fall into the hands of two or three of the larger States. 

On behalf of the small States Patterson, of New Jersey, intro- 
duced what is called the New Jersey plan. B}' this plan the old 
Federal Congress was to be continued with its single house of 
legislature, and equal State vote. 

The great point, 'then, upon which the two plans differed, was 
as to how representation in the legislature should be apportioned 
among the States, whether it should be according to population, 
and with two houses, or whether there should be but one house, 
in which each State should have an equal vote. The question 
was settled by a compromise. It was agreed that there should 
be a legislature of two houses, a Senate or upper and less numer- 
ous branch, and the House of Representatives, the popular and 
more numerous lower branch. In the Senate each State was to 
have an equal representation, thus putting the large and small 
States on an equal footing. On the other hand, in the House of 
Representatives representation was to be according to population, 
thus favoring the larger States. 

Another point upon which the convention differed was concern- 
ing the slave trade, whether it should or should not be allowed 
to continue. This question was also compromised, it being 
agreed to permit its continuance for twenty years, (until 1808,) 
after which all importation of slaves might be prohibited. 

Yet another point in dispute was whether slaves should or 
should not be counted in estimating the population of the States, 
in order to determine the number of representatives each State 
should be entitled to. This too was compromised. Five slaves 
were to be counted as equivalent to three white men. 

These three main points being settled by compromises, other 
parts of the government, such as a single chief executive, a 
Federal judiciary, and the decision as to what powers should be 
given to the President, what to the Senate, and what to the 
House, were easily arranged, and the convention adjourned Sep- 



19 

teraber 17, 1787, having been in session a little over four months. 
Thus was prepared the Constitution under which we are now- 
living — an acliievemetit declared by Gladstone to be the greatest 
work ever performed at one time by the hand of man, and by 
Guizot as the greatest work of its kind. 

The Constitution having been agreed to in convention, it 
was now submitted to the vote of each of the colonies for accept- 
ance. It was decided in this convention that it should be con- 
sidered as ratified, and to go into effect as soon as accepted by 
nine of the thirteen Slates. 

The adoption or rejection of the Constitution now became a 
question which claimed the entire attention of the States, and it 
is during this contest that we find the origin of the first political 
parties in the United States. Those favoring its adoption were 
called "Federalists" and those opposing it "Anti-Federalists." 

Arguments For and Against Adoption. — Tlie Federalist party was 
composed of those men who were desirous of a strong central gov- 
ernment, and for this reason favored the Constitution. This party 
was especially strong in New* England, for New England being 
the commercial part of the colonies, had liad the lamentable 
weakness of the old confederation brought home to them the 
more forcibly by the disorganization and loss of commerce which 
the Continental Congress had been unable to regulate. 

The Anti-Federalists were tiiose who wished the State govern- 
ments to be kept strong, and that there should be comparatively 
a weak central government. 

The argument used by the Federalists for the adoption of the 
Constitution was, that thus only could order and prosperity be 
restored to .the country, by correcting all those defects of the 
Confederation which have been pointed out. They said that the 
Constitution, being a series of compromises, could not please every 
one in all respects, but that it was tiie best that could be obtained 
under tiie circumstances. Their, arguments appeared in a re- 
nuirkable collection of eighty-five essays, called the " Federalist," 
written by Alexander Hamilton, in company with John Jay and 
James Madison. In these were explained all the points of the 
Constitution, and to this day they remain the best exposition of 
the Constitution ever written. 

The objections raised by the Anti-Federalists were many. In 
the first place, it was of course objected that it gave to the central 
government too much power; that State government and State 
liberty would be crushed out. The State was then as dear to tiie 
citizen as is the National Government to us to-day. Patriotism 
then, was f)atriotism to the State. The colonists had suffered so 
much from control over their State governments by an outside 
strong government, that they were fearful of again putting them- 
selves under a strong national government even of their own 



20 

making. In glowing terms it was declared to be a government 
founded upon the destruction of the governments of the several 
States. They said, "Congress ma}^ monopolize every source of 
revenue, and thus indirectly demolish the State governments, for 
without funds they cannot exist." This element of State love and 
jealousy of the Federal power is of the utmost importance in 
studying our history. We see it running through all our history 
as the main point of division between political parties. (See 
article on "Introduction to History of Political Parties.") 

Another objection was, that the Constitution contained no defi- 
nite "bill of rights" that would recognize and guarantee funda- 
mental personal liberties, such as freedom of speech, liberty 
of the press, assurance against unjust arrest, the right to bear 
arms, and trial by jury in civil cases, etc. This class of objections 
was satisfied by the adoption of the first ten amendments, (which 
see.) It was claimed also by those opposed to the ratification, that 
there being in the Constitution no limit placed to the number of 
terms which one man might serve as President, that one man 
might become so powerful as to obtain a life-term of office, and 
thus the government degenerate into a monarchy. To show how 
exaggerated were the fears during this critical period of our his- 
tory, we have the report that it was actually claimed and believed 
by man}^ at that time that the Federalists had the secret intention 
of inviting over to our country some European prince who should 
rule asking. Patrick Henry cried, "We shall have a king; the 
army will salute him monarch." Though not fixed by the Con- 
stitution, it has since the time of Washington been the invariable 
rule that no man should be elected for more than two terms. The 
friends of U. S. Grant attempted to have him n.ominated for a 
third time, but so strong was this prejudice that popular as he 
was at that time the plan failed. 

For some nine months the battle waged fiercely in the States, 
but the Federalists prevailed. In June, 1788, the ninth State 
ratified, and adoption was assured. Congress fixed the first Wed- 
nesday in Januar}^ for the election of presidential electors ; the 
first Wednesday in February for the meeting of the electors and 
election of the President, and the first Wednesday in March, 
1789, for the inauguration of the President and the beginning of 
the new Government. This last date fell upon the 4th of March, 
which date has from that time served as the day for the inaugu- 
ration of our presidents. Owing to a delay in the assembling of 
the new Congress, Washington was not inaugurated nor our pres- 
ent Government commenced until April 30, 1789. 

Thus was begun our present Government, which has stood the 
test of a century. When adopted there were thirteen States, now 
there are forty-two. The inhabited area was then the narrow 
strip between the Atlantic Ocean and the Allegheny Mountains. 



21 



Now it stretches from ocean to ocean— 3.000 miles Then the 
population was 3,000,000, many of whom' were slaves To-dav 
there are probably over 70,000,000 embraced in the United States, 
m which there breathes no soul who owns any man his master. 

btory s Commentaries on the Constitution " 

Schouler's History U. S., Vol. I. (The best.) 

Encyclopaedia Britannica, article " United States," Vol XXIII 

K. B. Curtis' " History of Constitution." 

Alex. Johnston's "American Politics." 



Presidential Succession. 

The provisions of the Constitution regarding the Presidential 
succession, in case of the death or resignation of both President 
and Vice-President, are: "In case of the removal of the Presi- 
dent from office, or of his death, resignation, or inability to dis- 
charge the powers and duties of the said office, the same devolve 
on the Vice-President, and the Congress may by law provide for 
the case of removal, death, resignation, or inability both of the 
President and Vice-Presfdent, declaring what officer shall then 
act as President, and such officer shall act accordingly until the 
disability be removed or a President shall be elected." (Article 
II, section 6.) 

In pursuance of the power thus granted to it in the last half of 
this section. Congress in 1792 passed an act declaring that in 
case of the death, resignation, etc., of both the President and 
Vice-President, the succession should be first to the President of 
the Senate and then to the Speaker of the House. 

This order was changed by the act of 1886, which provided 
that the succession to the presidency should be as follows : 

1. President. 

2. Vice-President. 

3. Secretary of State. 

4. Secretary of the Treasury. 

5. Secretary of War. 

6. Secretary of the Navy. 

7. Postmaster-General. 

8. Secretary of the Interior. 

9. Attorney-General. 

In all cases the remainder of the four-years' term shall be 
served out. This act also regulated the counting of the votes of 
the electors by Congress, and the determination of who were 
legally chosen electors. 

Note. — The Constitution made no provision in case of a contested election, or when no 
one should be elected. Such a contingency seemed to have been overlooked in the fram- 
ing of the Constitution. 



Election op Senators. 

The provisions of the Constitution regarding the election of 
senators was as follows : " The Senate of the United States shall 
be composed of two senators from each State, chosen by the Leg- 
islature thereof, for six years ; and each senator shall have one 
vote." (Article I, section 3, paragraph 1.) " The times, places, 
and manner of holding elections for senators and representatives 
shall be prescribed in each State by the Legislature thereof, but 
the Congress may at any time by law make or alter such regula- 
tions, except as to the places of choosing senators." (Article I, 
section 4, paragraph 1.) 

Until 1866 this matter was left entirely to the States, as per- 
mitted b}^ the section of the Constitution just given. In that 
year an act was passed by the Federal Congress regulating the 
election of senators by the State Legislatures. By it was pro- 
vided that the Legislatures of each State, w^iich is chosen next 
preceding the expiration of the term of either of their senators, 
shall on the second Tuesday after assembling elect a senator in 
the following manner: Each House shall by open ballot (viva 
voce) choose some man for senator, and he who receives a major- 
ity of the total number of votes cast in such House is entered on 
the journal of that House. At noon on the following day the 
members of the two Houses coifvene in joint assembly, and the 
journal of each House is then read, and if the same person has 
received a majority of the votes of each House he is declared 
duly elected senator. But if not, the joint assembly then pro- 
ceeds to choose by a viva voce vote of each member present, a person 
for senator, and the person who receives a majority of all the 
votes of the joint assembly — a majority of all the members 
elected to both Houses being present and voting — is declared 
duly elected. If no person receives such a majority on the first 
day, the joint assembly meets at noon on each succeeding day 
during the session of the Legislature, and takes at least one vote 
until a senator is elected. Vacancies in the representatives to 
Congress are filled in a similar manner. In case of vacancies 
occurring of either Senators or Representatives during the recess 
of such Legislature of the State, then the governor appoints ; the 
appointee to hold until a successor shall be chosen in the above 
method by the State Legislature. 



Congressional Government. 

The Constitution created Congress and conferred upon it powers 
of legislation for national purposes, but it made no provision as 
to the method by which these powers should be exercised. In 
consequence Congress has itself developed a method of transact- 
ing its business, by means of committees, and hence our method 
of Government is called Congressional Government, or Govern- 
ment by means of committees. 

The Federal Legislature consists of two Houses — the Scnnte, 
or Upper and less numerous branch, and the House of Represent- 
ative, or the Lower and more numerous popular branch. 

The Senate is composed of two members from each State elected 
by the State Legislatures for a terra of six years, one-third of whom 
retire every two years. It is presided over by the Vice-President. 
It always, early in each session, chot)ses a President j^ro tem,pore, 
so as to provide for any absence of the Vice-President, whether 
caused by death, sickness, or for other reasons. 

The House of Representatives is at present composed of 331 
members and five delegates from the Territories, the latter of whom, 
however, have no vote, though they may speak. It is presided 
over by a speaker, elected each session by itself. A quorum for 
business is, in either House, a majority. 

Congress meets every year in the beginning of December. 
Each Congress lasts two years and has two sessions— a long and 
a short session. The long session lasts from December to the 
middle of summer after first meeting. The short session lasts 
from December, when it meets again, until the 4th of March. 
The term of office then expires for all the members of the House, 
and for one-third of the senators. The long session ends in even 
years, (1880 and 1882, etc.,) and the short session in odd years, 
(1881 and 1883.) Extra sessions may be called by the President 
for urgent business. 

After a new President is inaugurated an extra session of the 
Senate is always called to confirm the nominations of the Presi- 
dent of his cabinet and other important officers. In the early 
part of the November preceding the end of the short session of 
Congress, occurs the election of Representatives. Congressmen 
then elected do nottaketheir seats until thirteen months later, that 
is, at the reassembling of Congress in December of the year follow- 
ing, unless an extra session is called. The Senate frequently 
holds secret, or as they are called, Executive sessions, for the con- 



25 

sideration of treaties and nominations of the President, in which 
the House of Representatives has no voice. It is then said to sit 
with closed doors. 

An immense amount of business must necessarily be transacted 
by a Congress which legislates for sixty millions of people, in- 
habiting a territory of over three and a half million square miles. 

The two sessions of the 49th Congress lasted from December 4, 
1885, to August 5, 1887. The total number of days the Senate sat 
in session was 224, and that of the House of Representatives 251. 
During this time 11,238 bills were introduced and over 5,000 re- 
ports from committees made. Of these about 1,431 were passed, 
of which 264 became law by the expiration of the ten days' con- 
stitutional limitation; 50 bills did not become law owing to ad- 
journment of Congress; 132 bills were vetoed b}'- the President, 
(most of which were private bills,) two of which were passed over 
his veto. It is noteworthy that previous to this the total number 
of bills which had been vetoed by all the Presidents was only 111. 

Lack of time, of course, prevents a consideration of each bill 
separately by the whole legislature. To provide a means by 
which each subject may receive investigation and consideration, 
a plan is used by which the members of both branches of Con- 
gress are divided into committees. Each committee busies itself 
with a certain class of business, and bills when introduced are 
referred to this or that committee for consideration, according to 
the subjects to which the bills relate. Thus, for example, afiairs 
relating to Washington are handed over to what is known as the 
District Committee, a regular appropriation bill to the Committee 
on Appropriations, etc. These committees consider these bills 
carefully, frequently taking the testimony of outside persons to 
discover the advisability of each bill. The regular course through 
which a bill lias to go before becoming an act — i. e., to pass both 
houses and receive the signature of the President — is as follows: 
On Mondays there is a roll-call of the States, and members may 
then introduce in the House or Senate any bill they may desire. 
These bills are then referred by the presiding officer to appro- 
priate committees. These committees, meeting in their own sep- 
arate rooms, debate, investigate, and, if necessary, as has been said, 
ask the opinion of outside persons. After this consideration they 
are reported back to the House or Senate. But very few bills 
reach this stage, for the committee does not get time to report 
any but the more important ones, and thus the majority of them 
disappear, or, as the saying is, "are killed in committee." If a 
bill receives the approval of the committee it is favorably re- 
ported to the Senate or House, as the case may be — i. e., the bill 
is returned, accompanied with a report advising the passage of the 
accompanying bill. If the bill is not approved by the committee, 
an unfavorable report is made; bills are .seldom passed after 



26 

such an adverse report. These reports, which accompany the 
bills, are printed, often at great length, giving reasons for their 
action in regard to the bill referred to. After being reported by 
the committee back to the house in which it was introduced, it 
is voted upon, and, if passed, is sent to the other branch. If 
passed there it is read}'^ for the President's signature; if vetoed, 
the bill is lost, unless passed over the veto by a two-thirds 
vote of both houses. But frequently one house, while not wish- 
ing to defeat a measure sent to it from the other house, may de- 
sire to change it by some amendment. If this is done, the bill, 
as amended, is sent back to the house from which it came, and if 
then agreed to as amended by it, it is sent to the President for his 
approval. Thus by repeated amendments it may pass to and fro 
between the House and Senate several times. This is the regular 
course which a bill has to run, but in practice a very large num- 
ber are passed much more speedily and by a simpler process under 
what is known as "Suspension of the rules." 

The Senate is now divided into about fifty committees, but 
the number varies from session to session. The principal com- 
mittees are those on (1) Foreign Relations, (2) Privileges and 
Elections, (3) Judiciary, (4) Commerce, (5) Finance, and (6) Ap- 
propriations. The Senate selects the members for the different 
committees by ballot, though it is pretty well determined before- 
hand how each committee will be constituted by means of party 
caucuses, (informal meetings of members of the same party to 
determine upon lines of action that will be supported by all.) A 
committee is always composed of an odd number of members, 
and both political parties are always represented on every com- 
mittee, though the majority is, in almost all cases, from that party 
which has the majority of the members of the Senate. 

The House of Kepresentativcs is organized into sixty com- 
mittees, ranging in their number of members, from thirteen 
down. They are similarly constituted as the Senate Com- 
mittees as regards party representation. The Committee of 
" Ways and Means," which regulates customs duties and excise 
taxes, is by far the most important. 

Other important committees are those on (1) Elections, (2) Ap- 
propriations, (3) Judiciary, (4) Foreign Affairs, (5) Manufactures, 
(6) Commerce, (7) Labor, etc. Every Representative is on some 
committee and most of them on several. Unlike the custom in 
the Senate, in the House the presiding officer has the sole power 
of appointment, which makes him, next to the President, the 
most important and powerful Government official. The chair- 
man of each committee has, of course, a large power over affairs 
with which his committee is concerned, and for this reason it is 
often said that the chairman of these committees are the ones 
who rule the land. 



27 

Congress ordinarily assembles at noon, and remains in session 
until 4 or 5 p. m., though towards the end of the term it fre- 
quently remains in session until late in the night. The first 
thing on assembling in the morning is prayer. On Mondays, as 
stated, there is next a roll-call of States for the introduction of 
bills. Sometimes a committee is instructed to prepare and 
bring in a bill of its own, without waiting to have one intro- 
duced and referred to it. Reports from committees are heard 
during morning hours on Tuesdays, Wednesdays, and Fridays, 
and on Mondays after the introduction of bills. Friday is a 
day usually set apart for the consideration of private measures. 
On Saturdays Congress seldom sits, unless it be for the transac- 
tion of affairs relating to the District of Columbia, so this day is 
usually called the "District Day." 

There is still one feature of Congressional government which 
needs explanation, and that is the caucus. A caucus is the 
meeting of the members of one party in private, where is dis- 
cussed the attitude and line of policy which members of that 
party are to take on questions which are expected to arise in the 
legislative halls. 

Thus, in Senate caucus, is decided who shall be members of 
the various committees. In these meetings is frequently dis- 
cussed whether or not the whole party shall vote for or against 
this or that important bill, and thus its fate is decided before it 
has even come up for debate in Congress. 

W. Wilson's Congressional Government. (The best.) 

Bagehot's English Constitution. 

Bryce's American Commonwealth, Vol. I. 

Lalok, Encyclopeedia of Political Science, 



The Cabinet and Executive Departments. 

The executive business of the Government is, for convenience, 
divided among eight departments. The heads of most of these 
departments are called Secretaries, and together they form a 
committee of eight, called the "Cabinet," whose duty it is, in 
addition to the management of their departments, to advise the 
President on matters of importance. For this purpose they hold 
regular meetings, at which the affairs of government are dis- 
cussed and lines of action decided upon. The name of these 
eight departments are: (1) The State, (2) Treasury, (3) War, (4) 
Navy, (5) Interior, (6) Post-Office, (7) Justice, and (8) Agricul- 
ture. These departments are subdivided into divisions or 
bureaus, having charge of distinct branches of business under 
the control of one department. Such, for example, are the 
Pension Bureau and the Bureau of Education, in the Interior 
Department. The heads of these subdivisions are frequently 
called Commissioners, as Commissioner of Patents, Commis- 
sioner of Pensions, etc. 

The Executive Departments are not the creation of the Consti- 
tution, for the only mention made of such departments in it is 
in Article II, section 2, where the President is given the power to 
require the opinion in writing of the principal officers in the 
Executive Departments upon any subject relating to the duties 
of their respective offices. In fact, at first there were but three 
such departments, viz., the State, War, and Treasury Departments, 
created by the first Congress. The other departments have 
been added as necessit}'^ and convenience demanded. The Cabi- 
net is likewise the creation of custom, and not of law, and has 
no powers other than of advice and counsel to the President. 

The State Department. — The Department of State was the first 
established, (act of July ^7, 1789,) and ranks first. The Secretary 
is the medium of the President in communications with foreign 
governments. All such, though in form emanating from the 
President, when important, are prepared and signed by the Sec- 
retary, with the President's approval. Communications from 
foreign governments, whether through our ministers abroad, or 
their ministers at Washington, are received solely by him. He 
is also the medium through which the President communicates 
with the Governors of the States. He has charge of treaties and 
negotiations. He preserves the laws, as they are received from 
Congress, engrossed on parchment. He publishes the Federal 
laws, proclamations, and treaties. He keeps and affixes the seal 
of the United States. He publishes monthly commercial reports. 



29 

The patronage of the Secretary at AVashington is small, not 
much over sixty clerks, but that respecting the diplomatic and 
consular service is important. There are three Assistant Secre- 
taries. Their salaries are, Secretary, $8,000, First Assistant, 
$4,000; the other two, $3,500. The department is divided into 
seven bureaus. 

To facilitate communication and negotiations with foreign 
nations, and to protect the interests of American citizens in for- 
eign countries, the United States, in common with all civilized 
nations, has an elaborate system of representatives residing at 
the capitals of all the principal nations. This system is called 
the Diplomatic Service, and constitutes one of the bureaus under 
the State Department. Communications and negotiations with 
foreign nations are generall}^ carried on through them, or minis- 
ters of other nations situated at Washington. Tliese agents are 
called Ministers, and are of various rank and salary. The 
United States has ministers in about thirty three countries. 
The chief legations are those of Great Britain, France, Germany, 
and Russia. The salary attached to the minister to each of these 
legations is $17,500. 

To protect our commercial interests abroad, and our seamen 
and vessels in foreign ports, etc., the United States has also agents 
located in all foreign seaports of any prominence. In addition 
to these they have other very numerous duties. This system is 
called the Consular Service, and also constitutes a separate bureau 
under the State Department. Tiiese agents, called Consuls, are of 
various ranks and titles; Consul-Generals, Consuls, and Consular 
Agents, of whom 180 are salaried, the rest being paid by fees or 
engaged in other business. 

The Treasury Department. — This department was constituted 
by act of September 2, 1789. The Secretary (salary $8,000) can- 
not be engaged in trade or commerce. The business of the 
department consists of the management of the natioiial debt, 
national currency and coinage, the supervision of banks, of in- 
ternal revenue, of customs, of commercial marine, of light- 
houses, of the Coast and Geodetic Survey, of the inspection of 
steam vessels, of marine hospitals, and of the Life-Saving Service. 
There are two assistant secretaries, and eight heads of divisions. 
Six auditors examine the accounts of the United States. 

The Treasurer of the United States receives and keeps its mon- 
eys, disburses them on the Secretaries' warrants, and manages 
the independent Treasury system. The Comptroller of the Cur- 
rency supervises the national banks. Tlie Solicitor of the Treas- 
ury, an officer of the Department of Justice, with the Solicitor of 
the Internal Revenue, has charge of the claims and suits and the 
Secret Service. The other principal officials are the Commissioner 
of Customs, the Commissioner of Internal Revenue, the Director 



80 

of the Mint, the Chief of the Bureau of Statistics, the Superin- 
tendent of the Coast and Geodetic Surve}^, the Supervising 
Surgeon-General of the Treasur}' Department, tlie Supervising 
Architect of the Treasur}'^ Department, the Supervising Inspector 
of Steam Vessels, the Superintendent of the Life Saving Service, 
and tlie Chief of the Bureau of Engraving and Printing. The latter 
employs about ],200 persons; the whole department — 3,400 in 
Washington. 

The War Department. — This department was established by act 
of Congress August 7, 1789. Under the Secretary, each chief 
of division, into which tiie department is divided, is an officer of 
the regular o-rvaj. The Adjutant-General of the army, who 
has under him a large force of clerks, has the duty of issuing 
orders, conducting the correspondence of the department, and 
keeping the records. The Inspector-General inspects and reports 
upon the condition of the Arm}'^ at all points and the accountsof 
disbursing officers. The Quartermaster General has charge of 
clothing, quarters, and supplies, except food supplies, which form 
the province of the Commissary-General. The Surgeon-General 
has charge of the medical department, of the Army Medical 
Museum, and a special library. There are also a Paymaster- 
General, a Chief of Ordnance, and a Chief Signal Officer. The 
Chief of Engineers has charge of the construction of fortifica- 
tions, etc. The Judge-Advocate-General reviews the proceedings 
of courts-martial, and advises the Secretary on points of law. 

The Army is commanded by a lieutenant-general, under 
whom are three major-generals and six brigadier-generals. It 
consists of about 26,000 men, distributed in three divisions of the 
Missouri, the Atlantic, and the Pacific, of which the first contains 
four departments, the second one, and the third three. 

Tlie Navy Department. — Established by act of April 30, 1789. 
Under the Secretar\^ of the Navy, it is organized in eight bureaus. 
The officers of the Navy upon the active list include one admiral, 
one vice-admiral, six rear-admirals, and ten commodores. The 
naval force includes 10,000 officers and men, together with 2,000 
marines. The number of vessels possessed by the Government 
is something under one hundred, of which few are in efficient 
service. The five stations maintained are : the Asiatic, the Eu- 
ropean, the North Atlantic, the South Atlantic, and the Pacific. 
AVithin recent 3^ears more attention has been paid to the Navy, 
and its strength is being yearly increased. 

The Interior Department. — The Interior Department was created 
in 1849 by grouping together in one depai^tment several branches 
of the government service which had formerly been distributed 
among the other departments. The principal subordinates of the 
Secretary of the Interior are: (1) the Conimissioner of the General 
Land Office, who has charge of all the public land of the Govern- 



31 

i 
ment, the acts in relation to it, its sale, survey, etc. ; (2) the Commis- 
sioner of Pensions, under whom is a great force at Washington, and 
eighteen pension agencies in different parts of the country. It was 
only in 1808 that the United States assumed all the State pension 
obligations. The act of 1818 gave pensions to all who served in 
the Revolutionary War nine months; other wars were included 
afterwards. The acts of the period beginning 1862 have enor- 
mously increased the amount paid. The number of pensioners 
is now a little over 400,000; the annual expenditure for pensions 
nearly $80,000,000. Only four European armies cost a larger 
sum than this. (3) The Commissioner of Patents. The Patent 
Office was created in 1836. About 24,000 patents are issued an- 
nually. Thereisan assistantCommissioner-in-Chief,an Examiner 
of Interferences, and twenty-eight examiners for different branches. 
Patents run for seventeen yeais. (4) The Commissioner of In- 
dian Affairs, who has charge of all matters concerning the In- 
dians. (5) The Commissioner of Education, who has charge of 
the Bureau of Education. This bureau was created in 1867. Its 
duties are to collect and diffuse information as to schools and 
otherwise to promote the cause of education. (6) The Director 
of the United States Geological Survey. (7) The Commissioner 
of Railroads. (8) The Superintendent of the Census. There is 
also an Attorney-General for the Department of the Interior. 
Agriculture, which is now a separate department, with a Cabinet 
officer, was until recently under the Interior Department. The 
Labor Department, which is now a separate department, (without 
a Cabinet officer,) was formerly a bureau under the Interior De- 
partment. 

The Post-Office Department. — A post-office for the colonies was 
established in the Postal Act of Queen Anne's reign. The Post- 
Office Department under the present Government was established 
in 1789, but the Postmaster-General did not become a Cabinet 
officer until 1829. The Postmaster-General has the management 
of the department, and of the domestic and foreign mail service. 
He can establish post-offices and appoint postmasters of tlie fourth 
and fifth classes — i. e., those whose salaries are less than $1,000. 
These number over 50,000. The total number of post-offices is 
almost 56,000. To those of the first three classes the President 
appoints. The other officers are the First, Second, and Third 
Assistant Postmasters-General, the Superintendent of the Money- 
Order Division, the Superintendent of Foreign Mails, and an x\s- 
sistant Attorney-General for the Post-Office Department. 

Star routes are so called because the forms of contracts for them 
are headed with three rhombs of stars. They are those mail 
routes which cannot be served in connection with passenger car- 
riage, but must be served as independent enterprises by men and 
horses under contracts let by the department to the lowest bidder. 



32 

They are under charge of the Second Assistant Postmaster-Gen- 
eral. Tlie star-route trials of 1876-1881 were caused by the claim 
that Brad_y had expedited these routes unnecessarily. 

Department of Justice. — The office of the Attorney-General of 
the United States was established in 1780, the Department of 
Justice not until 1870. The Attorney-General, a member of the 
Cabinet, gives advice upon legal points to the President, and also, 
when asked, to the heads of departments. He directs the cases 
of the United States and sometimes appears in them, especially 
in the Supreme Court. He supervises the United States marshals 
and district attorneys. His substitute and principal assistant is 
the Solicitor-General. There are also two Assistant Attorneys- 
General, the business of one being connected with the Supreme 
Court and the other with the Court of Claims. There are also, 
as before mentioned, certain legal officers attached to the other 
departments. To the Attorney-General belongs the duty of recom- 
mending persons to the offices of judges, etc., in the United States 
Circuit and District Courts. 

Lalor : Enc^^clopsedia of Political Science and American His- 
tory. 

Bannatyne: Republican Institutions in the United States. 

Text-books on civil government. 

The Federal Judiciary, 

In forming the Constitution the framers of our Government 
were controlled by the principle that the powers which belong 
to all governments can most safely and satisfactorily be exer- 
cised by dividing them according to their nature among three 
separate branches, the executive, the legislative, and the judi- 
cial. Under the Articles of Confederation this maxim of gov- 
ernment had been disregarded. The old Continental Congress 
had, under that plan, been given not onl}^ legislative powers, 
but also those executive and judicial powers which the States 
had allowed the central government. 

The lack of a Federal judiciary was, as Justice Story says, 
"one of the vital defects of the old confederation." Hamilton, 
the expounder of the Constitution, said : " Laws are a dead letter 
witliout courts to enforce and apply them." 

The reasons why a national system of courts was necessary 
were — 

1. In order that there might be some power which should give 
an interpretation to laws wliich should be uniform throughout 
the land. If there were thirteen independent courts, each giving 
Federal decisions on the same causes arising under the same 
national laws, what but confusion and contradiction could arise? 



33 

2. Which should settle disputes between the States and citi- 
zens of different States. 

3. Which should construe and interpret the Constitution it- 
self, and decide all disputes arising under it. 

4. The Constitution is the supreme law of the land. No legis- 
lative act of either Congress or of the State legislatures contrary 
to the Constitution can therefore be valid. Hence, there was the 
necessity of some power which should have the power to deter- 
mine the constitutionality of any act when brought into ques- 
tion, and — 

5. Which should have the power of determining the constitu- 
tionality of any act of State legislatures, and thus hold State 
legislatures down to the restrictions laid upon them, such, as for 
example, the inability to lay impost duties, to pass laws violat- 
ing the obligation of contracts, etc., or to regulate objects given 
exclusively to Congress. The manifest necessity of creating 
such a power may probably best be stated by using Hamilton's 
own words. (Federalist, 30:) 

" What would avail restrictions on the authority of the State 
legislatures without some constitutional mode of enforcing the 
observance of them? The Stntes, by the plan of the Constitu- 
tion, are prohibited from doing a variety of things, some of 
which are incompatible with the interests of the Union ; others 
with the principles of good government. The imposition of 
duties on imported articles, and the emission of paper money 
are specimens of this kind. No man of sense will believe that 
su^h prohibition would be scrupulously regarded, without some 
efll'ectual power in the government to restrain or correct infrac- 
tions of them. This power must be either a direct negative on 
the State laws, or an authorit}'' in the Federal courts to annul 
such as might be in manifest contravention of the articles of 
Union." * * * "These courts are to be tiie bulwarks of a 
limited constitution against legislative encroachments." 

These reasons were so strong that there was little or no objec- 
tion in the constitutional convention to the creation of a national 
judiciary, but difficulty arose in determining its precise nature 
and powers. As we have learned, the difficulty to be overcome 
in drafting our new scheme of government was how to satisfy 
State jealousies and interests, and to preserve State rights of 
government, and yet to obtain a strong central government; to 
harmonize State rights with Federal strength. 

In forming the .national judiciary, the object to be obtained, 
difficult of achievement, was, to use the words of Judge Curtis, 
(Federal courts of United States:) "To construct a judicial power 
within the Federal Government, and to clothe it with attributes 
which would enable it to secure the supremacy of the general 
Constitution and all of its provisions ; to give to it exact author- 



84 

ity that would maintain the dividing line between the powers of 
the nation and the States, and to give to it no more ; and to add 
to these a faculty of dispensing justice to foreigners, to citizens of 
different States, and among the sovereign States tliemselves, with 
a n)ore even hand and with a more assured certainty of the great 
ends of justice than any State power could furnish — these were 
objects not readily or easily to be obtained, and yet they were 
obtained with wonderful success." 

The establishment of the Federal judiciary is given in a few 
words in the Constitution : " The judicial power of the United 
States shall be vested in one Supreme Court and in such inferior 
courts as Congress may from time to time ordain and establish." 
In pursuance of this clause. Congress passed, in 1789, what is 
known as the "Judiciary Act," the first section of which reads : 
■-"That the Supreme Court of the United States shall consist of 
one chief justice and five associate justices. This act also estab- 
lished the inferior Federal courts, tlie circuit and disti'ict courts, 
and also defined and fixed their fields of jurisdiction, i. e., the 
class of cases which these courts could have power to try. 

The Supreme Court stands at the head of our national judi- 
ciar}'. Its field of jurisdiction is the construction and exposition 
of tiie Constitution of the United States. Hon. S. F. Miller, 
senior justice of this court, has said : " This court, whether we 
take the character of the suitors that are brought before it, or the 
importance of the subjects of litigation over which it has final 
jurisdiction, ma}' be considered the highest the world has ever 
seen. It has power to bring States before it, States wliich some 
of our politicians have been in the habit of considering sover- 
eign, not only when they come voluntarily, but by Federal pro- 
cess they are subjected, in certain cases, to the judgment of the 
court. Whatever these States may have been at the time of the 
formation of the Constitution, they now number tiieir inhabi- 
tants by the millions, and in wealth and civilization are equal to 
many of the independent sovereignties of Europe." 

There have been considerable changes in the structure and duties 
of the Supreme Court since its formation. At present there are nine 
justices, instead of six. There is now one annual term of the court 
held, beginning on the 2d Monday of October and continuing until 
about Ma}' 1st. Of the nine justices six constitute a quorum. 

The Supreme Court first met in February, 1790. Since organ- 
ization it has had eight chief justices, in the following order: 

John Jay, 1789-1795. 

Oliver Ellsworth, 1795-1799. 

John Marshall, 1801-1835. 

R. B. Taney, 1836-1864. 

S. P. Chase, 1864-1873. 

M. R. Waite, 1873-1888. 

M. Fuller, 1888. 



85 

In 1795 Jolin Rutledge was appointed to succeed Jay, received 
his commission, and held one term of the court, but was not con- 
firmed by the Senate. 

During tlie early years of the existence of the Supreme Court 
few cases arose requiring its jurisdiction. During the first term 
there was no business to be transacted. In 1801 there were only 
ten cases on the docket, and for some years the average annual 
number of cases was twenty-four; but in later 3'ears the num- 
ber rapidly increased. From 1850 the average number of cases 
decided was seventy-one, while from 1875 to 1880 the average 
was three hundred and ninety-one per annum, and now there 
are more than a thousand cases awaiting a hearing, and the 
court is so far beliindhand in its work that it takes from three to 
four years for a case to come up for trial after having been en- 
tered upon the docket. At present there are about four hundred 
cases granted a hearing yearly. 

Almost immediately after the adoption of the Constitution 
began struggles and disputes between the States and the Federal 
Government. In this contest the Supreme Court steadily up- 
held the central power, and did much by its decisions to en- 
force and establish the power of the Constitution. Especiall}' 
was the court powerful during the years 1801 to 1835, when 
Marshall was chief justice, to whose wisdom and prudence it 
is difl^cult to ascribe too much influence in fixing the present 
stability of our government. 

The annual term of the Supreme Court begins the second 
Monday of October and lasts until about May. Daily sessions, 
with the exceptions of Saturdays and Sundays, are held, begin- 
ning at 12 o'clock, in the Capitol building at Washington. 
The present justices are Fuller, chief justice, and Lamar, 

Bradley, Miller, Field, Harlan, Gray, Blatchford, and , 

associate justices. Every Saturday morning the justices meet 
in consultation and decide cases argued during the week. The 
decisions are announced on Monday mornings. The justices 
are appointed by the President, hold office for life, and are re- 
movable only by impeachment. 

The Supreme Court has been an invariable supporter of the 
Federal Constitution. During the early years of our govern- 
ment it was our firmest barrier against the efforts of the States 
to lessen the Federal power. It has always maintained the 
balance of power between the States and the Union. 

The following are a few cases decided by the Supreme Court 
which it is important we should be acquainted with, owing to 
the influence which their decision has had upon our history: 

1. In 1793 the case of Chisolm, vs. Georgia came before this 
court. Chisolm, a citizen of North Carolina, sued the State of 
Georgia for a sum of money, and under the second section of 



36 

Article III of the Constitution, which says that the judicial 
power of the United States shall extend to disputes between a 
State and citizens of another State, the court gave judgment in 
his favor. This decision that a State government could be sued 
ngainst its will created so much dissatisfaction that the Eleventh 
Amendment was adopted, which said, "the judicial power of the 
United States shall not be construed to extend to any suit in law 
or equity commenced or prosecuted against one of the United 
States by citizens of another State, or by citizens or subjects of 
any foreign State." The effect of this amendment is that a State 
can refuse, and often has refused, to pay her just debts. 

2. In 1819 was decided the very important case of McCnllongh 
vs. Maryland. The United States had established a national 
bank, which was objectionable to many of the States. Maryland 
attempted to destroy the bank by levying a very high tax upon a 
branch bank within the State. The question as to her right to 
do this was brought before the Supreme Court. To have allowed 
Mar3'land this right would have been to give to a State govern- 
ment the power to oppose and render useless an institution created 
by the Federal Government. The court sustained the Federal 
power, and it was declared unconstitutional for any State to pass 
laws opposing the operation of any Federal statute. 

3. In the case of Dartmouth College vs. New Ha'injisJnre was de- 
clared the unconstitutionalit}' of a State law impairing the obli- 
gation of contracts. 

4. A very important case decided b}'' Chief Justice Taney was 
that of Dred Scott vs. Sandford in 1857. Dred Scott, a negro slave 
in Missouri, had been carried into the Territory of Minnesota, 
where, by the Missouri Compromise of 1820, slavery did not exist. 
Upon being carried back into Missouri by his master, Scott 
claimed his freedom upon the ground that he had been volun- 
tarily carried into a Territor}^ where slavery was not allowed. 
The Supreme Court in its decision declared that Congress had 
never had the power to pass any law which would forbid slave- 
owners settling in Territories and still retaining control of their 
slaves. The whole country was at this time in great excitement 
in regard to the question whether or not in the organization of the 
Territories of Kansas and Nebraska into States slavery shotild 
be prohibited, and this decision, whereby the Missouri Compro- 
mise Act was practically annulled, and which pointed directly 
forward to an establishment of slavery in the new Territories, 
raised public excitement to a fever heat. It was in this decision 
that the statement was made that at the time of the formation of 
the Constitution the general opinion had been that the colored 
man had no rights which the white man is bound to respect. 
As a direct result of this case a more determined stand was taken 
at the North against slavery ; the Anti-Slavery Republican party 



37 % 

was strengthened, and their candidate for President, Abraham 
Lincoln, elected in 1861, and the catastrophe of civil war pre- 
cipitated. 

5. Tlie legal-tender decisions, given in several cases soon after 
the civil war, are important. During the progress of the war to 
raise funds to meet the extraordinary expenses of the Govern- 
ment, the Government had been forced to issue slips of pyper 
which represented no deposits of coin in the Treasury, but only 
promises to pay certain sums by the Goverment, which were de- 
clared legal tender, that is, made by law as good as gold and sil- 
ver, and the people forced to receive them in paymeiU of debts 
and for commodities. The question was raised as to whether 
tiie Government had by tlie Constitution power to do this, and b}'' 
the legal-tender decisions it was decided that it had. 

Federal Judicial System and Jurisdiction of the United 

States Courts. 

District Courts. — The United States is divided into judicial dis- 
tricts. Many single States form a judicial district, while others 
are divided into two and others into three districts. The number 
of districts has varied. At present there are about sixty. To 
each of these districts is given a court and a district judge. 
These form the lowest grade of Federal courts. 

Circuit Courts. — Tiiese judicial districts are grouped into nine i 
circuits. For example, the N+ftth circuit includes the districts of r 
Maryland, Virginia, West Virginia, North Carolina, and South 
Carolina. For each circuit is appointed one circuit judge. One of 
tlie justices of the Supreme Court is also allotted to each of the cir- 
cuits, who, after the expiration of the Supreme Court term, visits 
his 9ircuit, and tries the more important cases which may arise 
in that circuit. The Circuit Court may be held by the circuit 
judge, the Supreme Court jusdce, or the district judge of that 
district in which the court is sitting, or by any two of them, or all 
of them, sitting together. Tlie Circuit Courts form the next 
series of the Federal courts higher than the District Courts. 

Jurisdiction. — The relation between the Supreme, Circuit and 
District courts is easy to explain. Their jurisdiction is upon 
Federal questions; that is, on those cases mentioned in the Con- 
stitution over which judicial power has been granted to the 
United States, viz., questions arising under the Constitution, Fed- 
eral laws, or treaties, between citizens of different States, between 
citizens and foreigners, between States themselves, etc., and all 
crimes punishable under the United States laws. 

The Circuit Court is higher than the District Court, and to it 
cases involving |500 and over may be appealed from the District 
courts. The Supreme Court is the court of last resort, and to it 



38 

all appeals from the Circuit Courts come, with the limitation that 
$5,000 be involved. The cases decided by the Supreme Court 
are then of two classes : (1) those over which it has original juris- 
diction, (see Constitution;) i. e., those cases which originate or be- 
gin in that court, and (2) those cases over which it has appellate 
jurisdiction; i. e., those cases which come thither by appeal from 
the lower Circuit Courts, and which form the larger part of its 
work, and also by appeal from the highest State courts in cases 
involving certain Federal Cjuestions. The District of Columbia 
being directly governed by the United States, its courts are Fed- 
■eral courts, and hence, cases may be appealed from such courts to 
the Supreme Court; likewise for the same reason aj)peals may be 
had to the Supreme Court from the territorial courts. 

We must remember that these courts deal only with Federal 
questions arising under United States laws, and, besides these 
courts, all of the States have their own judicial systems of courts 
to. interpret State laws and to try the great majority of cases. 
These courts are entirely separate from the United States courts, 
and with different judges, though some few classes ot cases may 
bo transferred from them to the United States Courts, if in them 
the interpretation of a Federal law is brought in question. 

There are four grades of law in the United States. First and 
highest is the United States Constitution; second, United States 
laws, or statutes, as they are called, passed by Congress; third, 
State constitutions, and fourth, State laws, passed by the State 
legislature. In case of conflict of laws the lower must yield to 
the higher. 

For the purpose of settling claims of private persons against 
the United States, tiiere has been established at Washington a 
Court of Claims, held by five judges. From it appeals lie, in 
some cases, to the Supreme Court, and in others they are referred 
to Congress for action. 

Curtis' Federal Courts. 

Bryce's American Commonwealth. 



The Ordinance for the Government of the Northwest 

Territory. 

When the colonies joined in union under the Articles of Con- 
federation, in 1781, they ceded to the General Government their 
claims to unoccupied western territory. The larj^est land grant 
was that by the State of Virginia, which occupied that part of 
the United States l3'ing north of the Ohio River and east of the 
Mississippi River. 

The problem of management of public lands was thus earl}'- 
presented to our Federal Government for solution. The manner 
in which Congress dealt with this question has proved eminently 
wise and successful, and has largely contributed to make the 
United States tlie nation that it is t*o-da_y. The leading feature 
which has characterized the plan followed from the beginning, 
and still in use, is the formation of States from such territory as 
soon as there is sufficient population ; such States to have similar 
forms and powers of government as the original States, to be on 
an equal footing with them, and be bound b}^ the Constitution 
of the United States. Congress has absolute control of the Terri- 
tories. (For Territorial Government see Article on Territories.) 

Tlie ordinance which the Continental Congress adopted in 1787 
for the government of the Northwest Territory is of great impor- 
tance, as showing the estal)lishment of our territorial system, and 
as containing many of those features of management which have 
been u-:ed from that date until now, and also of interest because 
of the effect it has had upon the history of slavery in our countr3^ 

This ordinance provided that the whole of this territory should 
form one district. At first Congress appointed the governor, 
secretary', judges, and military generals and the governors to 
make the laws, subject to the approval of Congress. When the 
population reached five thousand the inhabitants were to have a 
legislature of their own, and to have a delegate who could sit in 
Congress, but have no vote. There was a bill of rights. Public 
education was encouraged. Not less than three nor more than 
five States were to be formed from it. Ohio, Indiana, Illinois, 
Michigan, and W^isconsin have been the five States formed from 
this territory. The tiansferrence of the territory into States was 
promised as soon as the population should reach sixty thousand. 

Slavery was forever prohibited in all this territory. We shall 
see of what tremendous importance was this clause which guar- 
anteed to this large tract freedom from the curse of slavery, when 
we come to consider the struggles which were made for many 
years to keep slavery from the territories. 

Encyclopaedia Britannioa, Article on United States. 

Lalor, Ency clopsedia of Political Science and American History. 



Government op the Territories. 

One million four hundred and sixty thousand six hundred and 
twenty-four square miles, or two-fifths of all the land under the 
United States Government, are situated outside of State govern- 
ments. This land is organized under eight Territorial govern- 
ments, viz: Washington, Wyoming, Idaho, Dakota, Utah, Arizona, 
New Mexico, and Montana.* There are also two unorganized 
Territories, viz: Indian Territory and Alaska. Besides these 
lands not under State governments, is the District of Columbia, 
which contains sixty-four square miles. 

Government of Territories. — The fundamental law of a Territory 
is the Federal Constitution, just as in a State, but, unlike the 
State, it has no constitution of its own, but its government is 
regulated entirely by Congress. In Section 3, Article IV, of the 
Constitution, it is declared that "Congress shall have power to 
dispose of and make all needful regulations respecting the ter- 
ritory or other property belonging to the United States." In 
pursuance of this clause Congress has in the eight organized 
Territories instituted governments as follows: The executive of 
the Territory is a Governor appointed by the President for a 
four years' term. There is also a secretary and treasurer. The 
legislature consists of two houses, a council of 12, (in Dakota 
24,) and a House of Representatives of 24, (in Dakota 48.) They 
are elected by the people of the Territories, and have a term 
of two years. The Legislature meets every other year. All its 
acts require approval by Congress before becoming law. 

The judiciary consists of three or more judges appointed by 
the President, together with a district attorney and United 
States marshal. 

Territories send neither Senators nor Representatives to Con- 
gress, but have one delegate apiece in the United States House 
of Representatives, who may speak, but not vote. 

Admissio7i of a Territory af a State. — A Territory is an embryo 
State. As soon as a Territory becomes sufficiently populated it 
applies for admission into the Union as a State, and it will be 
now shown how such admission is performed. When an appli- 
cation by a Territory for Statehood is made it is considered by 
Congress, and, if approved, tlie inhabitants of the Territory are 

* Note.— Since this was written Dakota, Washington, and Montana have applied to 
Congress tor admission as States, and their request has been granted. ConstitiUions lor 
tlieni are now being formed, and tliey will, in all probability, become States this winter. 
Dakota will be divided and admitted as two States. 



41 * 

authorized to form for themselves out of such Territor}' a State 
j^overnmeiit, and thus prepare themselves for admission into the 
Union. 

A State government is formed as follows : The Governor of the 
Territory issues a proclamation declaring that on a certain date 
there shall be an election of delegates to a convention, and such 
convention to be held on a certain date. These delegates are 
elected by popular vote. The members of the convention thus 
formed declare that they, on behalf of the people of the Territory, 
adopt the Constitution of the United States, and then proceed to 
draft a State constitution and government. It is provided that 
this constitution shall be Republican in form, and make no dis- 
tinction in civil and political riglits on account of race or color, 
except for Indians Jiot taxed; tiiat it shall not be repugnant to 
the Constitution of the United States and the principles of the 
Declaration of Independence. Perfect religious toleration must 
be guaranteed, all right or title to the unappropriated public 
lands lying within the Territory must be disclaimed and given 
over to the United States. Provision must be made by the con- 
stitution for the establishment and maintenance of the system of 
public schools. 

After adoption by the convention the constitution is offered to 
the people for ratification. If ratified the Governor certifies the 
result to the President of the United States, and if the constitu- 
tion is found to have complied with all the conditions just men- 
tioned, the President issues his proclamation declaring the ratifi- 
cation of the constitution, and upon that day upon which the 
proclamation is issued the territory is deemed admitted by Con- 
gress into the Union as a State, on an equal footing as the original 
States, and entitled to representation in both houses of the Fed- 
eral Congress. Their representatives and the Governor and other 
State officers are elected on the same day as that on which the 
constitution is ratified by the people. 

Bannatyne's Republican Institutions in the United States. 

Bryce's American Commonwealth. 

J. H. U. Studies in Local Government, 



State Governments. 

The United States is a nation of thirty-eight Federated States. 
Each State iuis its own separate government, which is sovereign, 
except as to a few powers whicli have been granted to the United 
States Government for general purposes. Citizens of States are 
also citizens of the United States, and thus owe a double alle- 
giance to the State in which they reside and to the United States. 

These States vary in size from that of Texas, the largest, with 
an area of 265,780 square miles, to that of Rhode Island, the 
smallest, with 1,250; and in population from that of New York, 
with nearly six millions, to that of Nevada, with about forty 
thousand. The largest State is greater than either France or 
the German Empire. 

State governments are older than the Federal government, for 
it was by a grant by the States of certain of their powers in the 
Constitution that the United States Government was created. 
Each State is represented in Congress by two members each in 
the Senate. Members of the lower branch of the Federal legis- 
lature are apportioned among the States according to population. 
As in the case of the United States, the powers of government are 
divided among three departments — the executive, legislative, and 
judicial. In the United States Constitution it is expressly de- 
clared that "the powers liot granted to tlie United States by the 
Constitution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people." 

Each State government has — 

1. A Constitution. 

2. A Legislature of two Houses. 

3. An executive, composed of a Governor, Lieutenant-Governor, 
(in almost all cases,) Secretary of State, Auditor, and a few others. 

4. A system of local government in counties, towns, cities, etc. 

5. A body of Slate laws. 

0. A judicial system of courts, from which no a|)peal can be 
had to United States courts except upon Federal questions. 

7. A system of local taxation. 

Each State government has all the rights usually pertaining to 
a sovereign State, except — 

1. Right of secession, (settled by the civil war.) 

2. Those powers which the Federal Constitution expressly for- 
bids to the States. 

o. Those powers which have in the Constitution been exclu- 
sively given to the Lnited States. 

All States have public debts, which they may, and sometimes 
do, repudiate. They can be sued only by other States, 'i'he 
Eleventh Amendment declared that a citizen could not maintain 
a suit against a State. State laws are binding only within its 
own boundaries. 



* 43 % 

State Constitutions. — As the Federal Constitution is the supreme 
law of the United States, so is the State constitution the highest 
law of the States. The Constitutions of the original thirteen 
States were, after independence, naturally formed largely by re- 
modeling the charters wliich they held from England. In three 
colonies (Rhode Island, Connecticut, Massachusetts) their char- 
ters were adopted as constitutions without any change, except, of 
course, to annul their obedience to the English king. All sub- 
sequent constitutions have been closely modeled after these first 
thirteen. The Federal Constitution provides that all State con- 
stitutions must be Republican in form. (For other conditions of 
admission of territories as States, see subject " Territories.") The 
modes of amendment of constitutions dififer in different States, 
but in all, amendment is much easier of accomplishment than in 
the case of the Federal Constitution, as is shown by the fact that 
since 1776 there have been adopted by the States one hundred 
and five complete constitutions, and two hundred and fourteen 
partial amendments, while since the passage of the first ten 
Federal amendments in 1789, there have been but five additional 
amendments. Some States provide thattlie constitution shall be 
submitted to the people at the end of certain intervals of time for 
amendmient. In the larger number of cases a nicijority of the 
popular vote is required for ratification of a. constitutional amend- 
ment. State constitutions show a tendency to become longer, 
and to regulate a constantly increasing number of subjects. 

A normal State constitution has the following i)rovisions : 

1. A definition of the State boundaries. 

2. A bill of rights (guaranteeing private rights, such as free- 
dom of the press and speech, trial by jury in criminal cases, right 
to assemble and petition, etc.) 

3. A frame of government, an enumeration of officers and 
powers of legislature, executive, courts of justice, etc. 

4. Miscellaneous provisions, relating to administration of 
schools, militia, taxation, debts, local government, corporations, 
amendments, etc. 

State Legislatures. — The legislature in all States consists of two 
Houses, of which the upper and smaller branch is called the 
Senate, and the lower and more numerous branch usually the 
House of Representatives, though in six States it is termed the 
Assembly, and in three the House of Delegates. The members 
of both houses are elected by popular vote, but Senators usually 
for a longer time, and frequently higher qualifications for them 
are required. States are divided into districts for election pur- 
poses, and, though members of the legislature may offer them- 
selves for election from any district, it has become the invariable 
custom for them to be elected only from tlie districts in which 
they reside. Universal manhood suffrage, that is, the right of 
all male citizens over 21 years of age to vote, is the rule, though 



44 ♦ 

in eight States paupers have no vote, and in a few a certain 
amount of education is required, (generally enough to read tlie 
State constitution.) The number of members in the State legis- 
latures varies greatly. In the Senate, Delaware has the smallest 
number, (9,) and Illinois the largest, (51.) In the lower House, 
Delaware has likewise the smallest number, (21,) while New Hamp- 
shire has the greatest, (321.) 

The Lieutenant-Governor of the State is ex officio President of 
the Senate. In all States, except six, sessions of the legislature 
are held only once every other year, and even then the length of 
the session is limited to a fixed number of days. As in Congress, 
business is conducted by means of committees, but are in both 
Houses elected by ballot. The State legislatures have full 
charge and control of all local governments within their individ- 
ual States, The Senate has the power of trying im})eachments 
of State officials. It also ratifies appointments of the Governor. 
In all States, except four, acts of the legislature require the sig- 
nature of the Governor before they become laws. To pass a bill 
over a veto requires in twenty-three States a two-thirds vote in 
both Houses; in two, a three fifths vote, and in nine, a majority 
vote of the total number of members. A State legislature can 
enact no law which will be effective beyond its own boundaries. 

State Executive. — The chief executive of the State is the Gov- 
ernor. Other chief officials are the Lieutenant-Governor (in 27,) 
Treasurer, Attorney General, Secretary of State, Auditor, and 
Superintendent of Public Instruction. The term of office of the 
Governor varies in different States from one to four 3a^ars. He 
has out small powers of appointment, most of the State officials 
being elected by the people. In all but four States he has a veto 
on legislation. He has the power of pardoning. The Lieuten- 
ant-Governor is President of the Senate. 

State Judiciary. — The State judiciary includes three sets of 
courts : 

1. A Supreme Court of Appeals, the highest court, from which 
cases involving Federal questions may be appealed to the Su- 
preme Court of the United States. 

2. Superior courts of record. 

3. Various local courts, such as county courts, corporation 
courts, etc. 

Each State recognizes the judgments of other States, and gives 
credit to their public acts and records, and delivers up to justice, 
on demand of the executive, any criminal fleeing from other 
States into her borders. In most of the States the judges are 
elected by the people, though in eight they are appointed by the 
Governor^ and in five by the legislature. The Attorney-General 
conducts cases in whicli the State is a party, and manages other 
legal business in which the State is interested. 

Bryce's " American Commonwealth." 



Local Government. 

It will be remembered that in the chapter on government we 
learned that all people are governed by two governments, one a 
central national government for general purposes, such as war, 
peace, treaties, coining money, etc.; the other a system of local 
government, ruling small areas and managing petty local affairs, 
such as lighting, mending roads, tending parks, schools, etc. We 
in the United States are under three governments ; first and 
highest, the National United States Government ; second. State 
governments, and third, local governments. It is concerning 
local governments in the United States tliat we will learn in this 
chapter. 

Just as the whole United States is divided into forty-six sec- 
tions, eac!) section being a State or Territory, so each State is 
in turn, for convenience in the administration of its government, 
divided into small local areas, each division managing those 
affairs which appertain to its own area. These duties are of the 
most petty character, such as the tending and maintenance of 
court-houses, prisons, police regulations, roads, charitv, etc. 

There are three types of local government in the United States: 
1st, New England type, in which the unit of government is the 
town* or township; 2d, the Southern type, in which the unit is 
the county, and 3d, the Western system, in which the New Eng- 
land and Southern systems are combined. 

1st. Local Government in New England. — Here the unit of gov- 
ernment is the township, or town, as it is sometimes called. The 
sum of the areas of the townships majke up the whole area of the 
State. There are few towns exceeding five square miles in area, 
and the population generally is less than 3,000. The New England 
township is therefore not a thickly settled area. When a town 
becomes closely settled it is incorporated as a city. The town is 
governed by an assembly of all qualified voters, who elect a 
smaller body of men called selectmen. These selectmen are the 
executive officers, and are three, five, or seven in number. Other 
officers are assessors and collectors of taxes, a school committee, 
a town clerk, who keeps a record of births, deaths, marriages, etc. 

The county also exists in New England, and is formed by the 
union of several towns, but it is of ver\^ little importance, and 
has but very few duties. 

* These county towns are country districts and must not be confounded with the 
small cities which are sometimes called by the same name. • 



46 

2d. Local Government in the South. — Here the town (township) 
does not exist. The unit of government for performing local 
duties is the county, which is much larger than the New England 
township. The county government is managed by a Board of 
County Commissioners. The chief officer for executing the de- 
crees of the county judiciary is the sheriff. 

od. Local Governvient in the West. — Here, as before stated, we 
find the New England and the Southern systems combined, but 
combined in different States in such various degrees as to make 
useless any attempt to describe them more particularly. 

J. H. U., Studies in Local Government. 

Bryce's American Commonwealth. 



Government of Cities. 

Tlie proportion of people in the United States who reside in 
cities is increasing. In 1790 there were only 13 cities of 5,000 
inhabitants, and none with 40,000. Now there are probably over 
500 that have a population exceeding 5,000, and at least 30 with 
a population of 100,000. In 1790 3.3 per cent, of the total popu- 
lation lived in cities of over 8,000 inhabitants, while to-day over 
25 per cent, live in cities of such a size and over. 

When any small area becomes thickly and permanently set- 
tled, and a certain population is reached, (which varies in the 
different States,) the State legislature is appealed to, and a charter 
of incorporation as a city is granted. 

The form of government of all our large cities is much the 
same. There is — 

1st. A mayor, who is the chief executive, and is elected directly 
by the people of the city. His term of office is sometimes only 
one year, though more often two, three, four, or five 3^ears. In 
almost all cases he has a veto on acts of the cit}^ legislature, which 
veto may, however, be overridden by a two-thirds vote. 

2d. Other minor executive officers, as collector of taxes, super- 
intendent of the streets, treasurer, &c. — some elected by the 
people and others appointed by the mayor or legislature. 

3d. A legislature of two houses, (in small cities, one house,) 
the members of which are elected by the people, and is called the 
"City Council." The upper branch is called the ''Board of 
Aldermen," and the lower and more numerous branch the Com- 
mon Council." 

4th. City judges are elected by the people. 

Particular duties are generally given to special boards or commit- 
tees, as the police department, fire department, parks, prisons, etc. 

For election purposes cities are usually divided into wards, 
and the wards into voting precincts. 

J. H. U., Studies in Municipal Government. 

Bryce's American Commonwealth. 



Government Revenue and Expenditure. 

The Federal Government, the individual States, and the dif- 
ferent local bodies (counties, towns, cities, and school districts) 
are all supported by compulsory contributions raised from their 
own citizens. The chief source of this revenue is by taxation, 
though sums of considerable magnitude are, in many cases, 
obtained by other means. The Federal Government, for in- 
stance, derives several millions yearly from the sale of its public 
lands, the States from fees and licenses, and the cities are more 
and more deriving their revenue from the sale or lease of public 
rights and franchises, or their operation by themselves. 

Taxes may be roughly defined to be those enforced contribu- 
tions from individuals, levied either directly, as so much per 
capita, (poll or school tax,) or upon the different forms of prop- 
erty, to bo paid by those individuals owning or using them, 
which sums are used for the support of the State. The power to 
raise taxes rests solely in tlie legislatures. Taxes are not, how- 
ever, always levied to raise income primarily, as, for instance, 
customs duties are intended to carry out the idea of protection to 
American industries. High liquor licenses are mainly for the 
purpose of lessening the use of intoxicating liquors. 

The Federal Government raises its revenue independently of the 
other governing bodies, from different sources, and by a different 
set of collectors. 

Federal taxes are of two kinds — 

1. Customs duties. 

2. Excise or internal revenue duties. 

Of these, much the greater sum is raised from customs duties. 
In 1887 the total amount from both sources was $336,110,284, of 
which $217,286,893 came from customs and 1118,823,391 from 
internal revenue. From other sources, sale of public land, etc., 
$35,292,993. Total, $371,403,277. 

Customsor tariff'duties are taxes whidi have to be paid on a large 
class of goods imported into this country from foreign countries. 
These charges are collected by Government collectors, stationed 
in all our j»rincipal seaport cities, who inspect all incoming vessels 
and determine the amount to be paid, according to the rate de- 
termined by Congress. This system constitutes the so-called pro- 
tective tariff policy of this country. Those commodities not so 
taxed are said to be on the " free list." It is upon the question 
as to how much, or on what articles these duties shall be levied, 
that the Republican and Democratic parties differ; the former 



49 * 

favoring high rates and the latter low rates, that is, merely enough 
to support the Government, or, as it is termed, "a tariff for rev- 
enue only." 

Internal revenue duties are those taxes collected from its own 
citizens upon a small class of articles produced in this country. 
The chief memhers of this class are distilled liquors, tobacco, and 
oleomargarine. In 1887, out of the $118,823,391 received from 
internal revenue, there was derived from spirits and fermented 
liquor 187,751.322; tobacco, $30,108,067 ; oleomargarine and mis- 
cellaneous, $964,002. These duties are collected by Government 
collectors stationed in every United States district, who visit the 
distilleries, collect the taxes, and see that the law is enforced. In 
several Southern States attempts to evade the law are very fre- 
quent and difficult of detection. The expenses of the vast postal 
system conducted by the Federal Government are very nearly de- 
frayed by the charges made for postage. 

The State and Local Taxes are generally, for convenience, col- 
lected at the same time, and by the same officials, but independ- 
ently of the Federal Government. The Constitution of the United 
States forbids the States to derive a revenue from duty upon goods 
imported or exported. The States are, therefore, for the most 
part, restricted to a direct tax on pro{)erty for the support of their 
governments. 

The general method for raising this tax is as follows: 

The legislatures of the States, having determined what in- 
come is needed, apportion this sura among the counties, or in 
New England, directly among the townships, in proportion to the 
value of the property situated within them, or establish a certain 
percentage tax on all property, to be collected in the same man- 
ner. So, similarly, the counties apportion among the cities and 
townships within their area, in proportion to the value of their 
taxable propert}'^, not only what they have to pay to the State, 
but also the sum they have to raise for county purposes. Thus 
when the township or city authorities assess and collect taxes 
from the individual citizens, they collect at one and the same time 
three distinct taxes — the State tax, the county tax, and the city 
or township tax. Retaining the latter for local purposes, they 
hand on the two former to the county authorities, who, in turn, 
retain the county tax, iianding on to the State what it requires. 
Thus trouble and expense are saved in the process of collecting, 
and the citizen sees on one tax paper all he has to pay. The 
chief tax is the property tax, based on a valuation of property, 
and generally of all property, real and personal. Of this by far 
the greater sum is realized from the tax on real property, (land 
and buildings on it.) Cities and other local subdivisions, as has 
been stated, are raising their revenues more and more from the 
s'ale, taxing, or operation of public franchises and rights, as street 



50 

car lines, gas and water-works, etc. Those who fix the value of 
taxable property and thus determine the amount the owners are 
to pay, are called assessors. Those collecting taxes are called col- 
lectors. The revenue of the States is seldom large in pro[)ortion 
to the wealth and number of its inhabitants, because the chief 
burdftn of administration is borne not by the States, but by the 
Federal Government, on the one hand, and the local subdivision 
of the States on the other. The total revenue of all the States is 
barely one-third of that of the Federal Government. 

'Tlie expenditures of all the gaverning bodies. Federal, State, and 
local, are kept entirely independent of each other. Tiuit of the 
Federal Government is for the benefit of all the States, while that 
of the other bodies are only for their own individual benefit. 
The Federal Government receives much more than it expends, 
and has a large surplus on hand in the Treasury. The States 
and local bodies, on the other hand, have in the past expended 
more than their revenues, making up their deficiency by loans 
on their credit. 

The chief objects of Federal expenditure (in addition to the 
postal system already considered and for the most part supported 
by its own revenue) is: 1st, interest on the public debt; 2d, pen- 
sions to disabled soldiers; od, for the support of the civil branch 
of the Government; 4th, war and naval expenditures. 

Total expenditures for the year 1887 were $267,932,180 on the 
following objects : 

1. Interest on the public debt $47,741,579 

2. Pensions 75,029,102 

3. Civil service 85,264.825 

4. War and Navy 53,602,153 

5. Indians " 6,194,127 

Money can only be expended by the Government after it has 

been appropriated b}'^ Congress in its annual appropriation bills. 
This voting of money by Congress is the most important busi- 
ness that it transacts. Every year the heads of all the different 
departments frame estimates of the amounts of money that will be 
needed to support their departments during the following 3'ear, 
which they send to the Secretary of the 'J'reasury, who, after con- 
sidering and revising them, transmits them to Congress in his 
"Annual Letter." It is then considered by the Appropriation Com- 
mittee, whose duty it is to consider and frame bills for the appro- 
priation of moneys. Though guided by the estimates provided, 
they frequentl}^ depart widely from them. After being reported 
to the House and passed they are sent to the Senate, where they 
are invariably amended by increasing the appropriations and are 
returned to the House. A compromise committtee is then ap- 
pointed between the House and Senate Committees on Appro- 
priations, who, after mutual concessions, agree upon such appro- 



•51 

priations as will be passed by both houses. The House then 
amends the bill as agreed upon, passes it, and sends it to the 
Senate again, who in turn passes it and sends it to the President 
for liis signature. All bills for raising money must, by the Con- 
stitution, originate in the House. Besides the appropriations for 
the expenses of Government there is annually authorized a large 
expenditure for im{)rovement of rivers and harbors. Many of 
the expenditures authorized by these bills are undoubtedly un- 
necessary, but they are passed by mutual consent of the mem- 
bers, each of whom desires to increase his popularity at home by 
getting public money spent in his district. 

The expenses of the State governments are not heavy, and are 
devoted to but a few objects. Their chief expenditures are (1) 
the salaries of officials ; (2) judicial expenditures; (3) the State 
volunteer militia; (4) grants to public schools; (5) public charities 
and institutions, as prisons, insane asylums, etc., (6) interest on 
State debts; (7) internal improvements and public buildings. 

The methods of appropriations are similar to those employed 
b}^ the Federal Goverrment. 

The expenditures of the local bodies, and particularly cities, 
are much larger, in proportion to their population, than that of 
the States, and is increasing at a greater rate than the increase 
of population. The objects of expenditure are numerous and 
very important. The chief ones are : (1) Interest on local debts ; 
(2) maintenance and care of the streets and roads; (3) lighting 
of streets ; (4) police ; (5) salaries of officials. 

All these classes of governments have contracted large public 
debts, the payment of the interest of which is one of their chief 
expenses. 

The debt of the Federal Government was contracted in conse- 
quence of the civil war. In 1866 it reached its highest point, 
$2,773,236,173. Since then it has been steadily reduced, until in 
1887 it was only $1,700,771,948. 

Most of those by the States were contracted by ill-advised and 
untimely systenjs of internal improvements. In 1887 the total 
State debts amounted to $228,000,000. 

The local debts are also large, and for the most part incurred 
in improvements and construction of public works, which have 
well repaid the debt incurred, adding materially to the wealth 
of their districts. 



Annexation of Territory. 

The treaty of 1783, which gave independence to the colonies, 
defined their boundaries. The territory given up by England 
stretched from the Atlantic Ocean westward to the banks of the 
Mississippi River, and from the great lakes southward to the 
southern border of Georgia. The population was tiien less than 
4,000,000, with its center at Baltimore. The area of the col- 
onies was about 827,844 square miles. The area of the United 
States has since enormously increased by conquest, treaty, pur- 
chase, and by exploration and settlement, until now it embraces 
an area of 3,603,884 square miles, or about four and one-third 
times its original extent. 

The following is a brief account of these accessions of territory : 

1. The Louisiana Purchase of 1803. — The region around the 
mouth of the Mississippi River and the basin of that river, run- 
ning north as far as Canada, and westward to Oregon, had been 
discovered and claimed as their country by the French explorers 
LaSalle and Joliet, and was named Louisiana, in lionor of their 
king, Louis Fourteenth. The first settlement was made in 1699. 
In 1762 France, by treaty, gave this land to Spain. In 1800, by 
a secret treaty, Louisiana was again given back to France. 

It was very important that the colonists should control New 
Orleans and the mouth of the Mississippi River, for it was 
through this outlet that all the produce raised west of the Alle- 
ghanies and in the Ohio Valley found its way to market. Pro- 
posals were made by our Government to Napoleon, then Emperor 
of the French, for the purchase of the tract of land about the 
mouth of the river. Napoleon was then, owing to his numerous 
wars, in great need of money, and offered to sell to the United 
States the whole of his possessions in America. The offer was 
accepted, and price paid was $15,000,000. This vast tract of 
land thus gained from France has an area of 1,171,931 square 
miles. Out of it has been formed the following States and Ter- 
ritories: Arkansas, Missouri, Iowa, Nebraska, Oregon, Dakota, 
Washington, Idaho, Montana, and parts of Minnesota, Kansas, 
Colorado, and Indian Territory, 

2. Florida. — Florida was gained by the United States partly 
by seizure (by Andrew Jackson in 1814) and partly by treaty 
with Spain in 1819. By this treaty $5,000,000 compensation 
was given to Spain for this territory, and the United States also 
renounced all claims to Texas. Florida had been originally 
settled by the Spanish. The treaty of 1819 was ratified by 
Spain in 182 land the territory handed over to the United States, 
thus adding 59,268 square miles to the United States territory. 

3. Texas. — Mexico was conquered and held as a province by 
Spain until 1831, when it revolted and became an independent 



53 ^ 

nation. Texas was one of the States of the Mexican Republic, 
which was then formed. In 1836 Texas became dissatisfied 
with Mexican control, and successful l}"^ revolted, and established 
itself as an independent State. But the Texan government soon 
fell into trouble, became bankrupt, and, as a solution of their 
trouble, asked to be admitted by the United States as a State. 
Tiie advisability as to whether this should be done or not was a 
great party question for many years. Tlie South were desirous 
that the annexation should be made, as Texas was a slave-hold- 
ing country and her admission as a State would strengthen the 
pro-slavery party. For the same reason her admission was op- 
posed by the anti-slavery party of the North. In 1844 Polk was 
elected President upon a platform which demanded the annexa- 
tion of Texas, and in 1845 this was accomplished. This act of 
our government was displeasing to Mexico, who yet claimed 
Texas as her own, and this, together with disputes as to bound- 
aries, precipitated the Mexican war of 184o-'8. In this annexa- 
tion the territory of the United States was increased by 376,133 
square miles. 

4. New Mexico. — This territory included what is now New 
Mexico, Utah, Upper ('alifornia, and a large part of Arizona 
and Colorado. This land had been conquered during the Mexi- 
can war by Kearney, Stockton, and Fremont, and in 1848, by a 
treaty, Mexico gave up what rights she yet claimed, for which 
she received a compensation of .$18,250,000. By this treaty 
545,783 square miles were added to the United States. 

5. Gadsden Purchase. — -In 1853 was acquired by purchase from 
Mexico a tract of land just north of Mexico and west of Texas, 
embracing 45,535 square miles. The price jiaid was $10,000,000. 
This was known as the Gaiisden purchase, fiom the name of its 
negotiator. 

6. Alaska. — Alaska was acquired from Russia in 1867 by pur- 
chase for $7,200,000. It has an area of 577,390 square miles. It 
has proved quite a valuable acquisition on account of its valuable 
fur-bearing animals, its fisheries, and the rich mineral deposits 
discovered there. 

The following is a table of the various acquisitions, with their 
dates and areas : 

United States (1783) 827,884 square miles 

Louisiana (1803) 1,171,931 square miles 

Florida (1819) 59,268 square miles 

Texas (1845) 376,133 square miles 

New Mexico Territory from Mexico (1848). 545,783 square miles 

Gadsden purchase (1855) 45,533 square miles 

Alaska (1867) 577,390 square miles 

Total 3,603,884 square miles 



Public Lands of the United States. 

The history of the acquisition of the vast territory of the 
United States has already been given in the previous paper. 

Prior to 1781 but six of the original thirteen States — New 
Hampshire, Rhode Island, Maryland, Pennsylvania, New Jersey, 
and Delaware — had exactly defined boundaries. The others 
claimed lands of various extents, stretching to the Mississippi 
E,iver, or even to the Pacific Ocean. The title to all this land 
was then in the individual States, and the National Government, 
as such, had no land of its own. This question of the ownership 
of the western land was one of the subjects of controversy and 
discontent between the States. It delayed the adoption of the 
Articles of Confederation for some time. Those States with little 
or no land regarded with jealousy their more fortunate neigh- 
bors, and would not consent to a union until a settlement or 
understanding was had. 

The Articles of Confederation were adopted only after assur- 
ance was made that all the public lands would be ceded to the 
Federal Government. This was finally done by the States. 

The Government formed under the Constitution succeeded to 
all this land, and in addition further cessions by the States were 
made, the last being that of Georgia in 1802. The subsequent 
additions of territory were made directly to the United States, 
and not to tlie States, and all land thus gained was held as public 
land to be disposed of by Congress. 

While the area of the United States is 3,603.884 square miles, 
the public domain which has been acquired by cession, purchase, 
or conquest, to be disposed of by the Government as it desires, 
has amounted to 2,708,388 square miles, or about two-thirds of 
the total area of the country. 

The absolute title to this land, as before stated, became vested 
in the United States Government. The disposal of these lands 
has always been under the sole power and control of Congress. 

This land was all thinly occupied by Indian tribes, who jnerely 
hunted over it, leaving untouched its natural fertility and vast 
mineral resources. These tribes were recognized to have a sort 
of half interest in the land as being the actual occupants. This 
half ownership was always first extinguished by the United States 
by purchase for small sums, or by the granting of certain privi- 
leges, etc., before it was opened up for settlement and occupation 
by the white man. Land is still held, to a considerable extent, 
in this way by the Indians. This right of the Indians can only 



55 

be extinguished by the United States, as they are not allowed to 
sell or treat at all with individuals or States or foreign nations. 

Until 1812 the affairs of the public domain were managed by 
the Secretary of the Treasury. In that year the office of Com- 
missioner of the General Land Office was created, and remained 
a bureau under the Treasury Department until 1846. On the 
creation of the Interior Department in that year, it was trans- 
ferred to it, under whicli it has continued until the present time. 
This bureau has complete charge of all matters relating to the 
management and disposal of the public lands, subject to the 
direction of Congress. 

Almost every conceivable method of disposing of this land has 
been followed. The Government has, however, never assumed 
the j)Osition of landlord and rented the land, except in one case 
of some mineral land, which experiment resulted disastrously. 
Before the land could be disposed of, it was necessary that it 
should be surveyed by the Government. To do this there was 
adopted as early as 1776 the so-called rectangular system, which 
has, with slight changes, been continued until the present time. 
By this system there is first surveyed a base and a meridian line, 
crossing each other at right angles, running north and south and 
east and west. From these fixed lines the land is surveyed and 
marked ofi^ into rectangles of six miles square, each thus contain- 
ing thirty -six square miles. This is called a township. This is 
again divided up into sections of one square mile each or 640 
acres, and this again into quarter sections of 160 acres each. In 
some cases this is still further subdivided. 

The regulation and disposition of the public lands has been 
one of the chief duties imposed upon Congress. 

The chief methods by which the public lands have been dis- 
posed of are as follows: 

1. Educational Grants. — Congress from the very first provided 
liberally for the establishment of common schools through grants 
of public lands for this purpose. As each township is surveyed 
one quarter section of 640 acres is set apart for common schools. 
This has continued from the beginning down to the present time. 
In addition, large grants have been made specially for the endow- 
ment of universities. Within later years land has been given to 
every State to found State military and agricultural colleges. Up 
to the present time there have thus been granted for educational 
purposes 77,448,192 acres. 

2. Land Bounties for Military and Naval Service. — There have 
been granted by different acts bounties of public land, in the 
nature of pensions, to the soldiers and sailors of the United States 
Army, on their honorable discharge, for their services to the 
Government. The amount of land thus granted (1880) has been 
61,028,430 acres. 



66 

3. To the States for Internal Improvement. — Tliere was granted 
to the States during the years from 1828 to 1846, for the iinprove- 
ment of rivers, building of canals, wagon roads, railroads, etc., 
162,230,099 acres. 

4. Sales of Public Land. — Under this head there are two classes 
of public land' — first, that Avhich may be bought for the minimum 
rate of $1.25, and, secondly, the alternate sections along the rail- 
roads, (the other alternate sections being granted to the railroads,) 
the minimum price of which is $2.50. There has been sold in 
all 192,584,116 acres, realizing $233,000,000. 

5. Under the Pre-emption Acts. — These acts, passed at various 
times, provide that where a man, a citizen of the United States, 
settles upon and cultivates a tract of land not greater than 160 
acres for a certain length of time, then the United States will give 
him such tract of land. 

6. Under the Homestead Acts. — The homestead laws have 
created a better and more certain manner for settlers to acquire 
land than under the pre-emption acts. By these acts it is pro- 
vided that any citizen who will select either 160 acres of the |1.25 
land or 80 of the $2.50 land, can then get a permit from the 
land office, settle on his land, and can acquire a title to it. 

7. Under the Timber Culture Act. — This act gives to any one the 
right to 160 acres of the $1.25 land if he will plant 10 acres 
in timber, or 80 acres of the $2,50 land if he will plant 5 acres 
in timber. 

8. Certain Lands to States. — 'Quite a large quantity of the pub- 
lic land has been given to the States on account of its qualit^^, as 
swamp or overflowed land, and for various reasons, to the extent 
of 158,417,514 acres. 



The Money We Use, 

No man b}^ himself produces everything he wants to use, but 
devotes his time to the production of some few things, and the 
surplus that he does not use, he exchanges for other things 
made by other men. In rude stages of society this is done by 
a direct exchange of one commodity for another, as so much 
wheat or corn for a gun or plow, etc. This is a very iniperfect 
and cumbersome method, which cannot be employed in our 
present complicated transactions of buying and selling. There 
thus early developed the use of money, or the practice of referring 
the value of all things to one standard, usually the precious met- 
als ; so thatj instead of trading 20 bushels of corn for a plow, where 
it would be necessary to go to the great trouble of finding a! man 
who had a plow, and also wanted your corn, you sell it for so 
much money, and with this money you buy a plow. Money is 
thus but a medium of exchange and standard of value. 

In the United States, as in most nations, money has always been 
made by the Government, and the Government alone, so that one 
certain fixed system may prevail. For the sake of convenience, 
money is nnide of various kinds and denominations, and United 
States mone}'^ may conveniently be regarded under the five follow- 
ing divisions: 

1. Gold Coin, Gold Bullion, and Gold Certificates. — There are six 
gold coins: (l)the eagle, $10 piece; (2) the double eagle, |20 piece; 
(3) the half eagle, $o; (4) the quarter eagle, $2.50; (5)the$3 piece, 
and (()) the %\ piece. The three last are but little used. The 
gold bullion, or gold in bars and blocks uncoined, are for all 
practical purposes as good as the coin, and in foreign trade are 
much used, they being more convenient to handle. Besides the 
gold coin and bullion there are in circulation gold certificates. 
These are paper, the same in general appearance as the ordinary 
bank-note, and certify that an equivalent amount of gold has 
been deposited with the Treasurer of the United States, and that 
the holder of the certificate has the right to obtain the gold for 
it at any time. This does not increase the amount of money in 
circulation, as for ever}'' one issued just so much coin is with- 
drawn and stowed away in the Treasury. They are simply used 
for convenience, and in order to avoid the necessary wear of the 
coin if in constant use. These certificates are of the denomina- 
tion of 120. 

2. Silver Dollars and Silver Certificates. — There is no silver bul- 
lion circulating as money, as a silver dollar does not contain a 



58 

dollar's worth of silver, as the gold dollar does of gold, and the 
silver bullion is thus of different value, (less value,) according to 
weight, than the silver dollar. The silver certificates are similar 
to the gold certificates, already described, and represent that an 
equivalent amount of silver is deposited in the Treasury. 

3. Subsidiary and Minor Coins.^AW coins of a lower denomi- 
nation than $i belong to one or the other of these two classes. 
There are three subsidiary coins, the fifty cent, the twenty-five 
cent, and the ten cent pieces. The thiee cent piece is no longer 
coined. All other coins are minor coins. The peculiarity of 
the subsidiary and minor coins is that they are, as compared 
with the standard coins, gold and silver dollars, of a greater 
value than the value of the metal they contain. The subsidiary 
coins are legal-tender to the amount of $5; the minor to the ex- 
tent of twenty-five cents. By legal-tender is meant that the Gov- 
ernment has' ordered that they must be received in payment of 
all debts and articles bought. Gold coin and the silver dollars 
and certificates are legal-tender to any amount. 

4. Treasury Notes. — Under this head are included that form of 
money ordinarily known as "greenbacks," from the color of their 
backs. They were originally issued during the civil war, and 
are really but a promissory note on the part of the Govern- 
ment, and so but one form of debt of the Government, as they 
are paper, which of itself is of no value, and no coin is deposited 
in the Treasury which they represent, as in the case of the gold and 
silver certificates. They thus cost the Government nothing, and, 
as they are made legal-tender, and paid out by the Government, 
they vvere just so niuch clear gain to it. At fir':t they were not 
redeemable, i. c, .exchangeable for coin at the Treasury, but since 
1879 they are, and are therefore just as valuable now as any other 
form of money, though formerly worth much less than their face 
value. One hundred million dollars in gold is kept on deposit 
in the Treasury for their redemption. 

5. Notes of National Banks.— Tins is the one form of money that 
is not issued directly by the Federal Government, but through 
the agency of what is called our "National Banking system." 
This system is as follows: A national bank can be organized by any 
number of men, provided the capital stock of the bank is at least 
$100,000. One-third of their capital must then be invested in 
Government bonds and deposited in the United States Treasury. 
They may then issue bank-notes to the extent of 90 per cent, of 
sucli deposit. Such notes are thus amply secured by the deposits 
with the Government. The Government guarantees their pay- 
ment, and so they circulate as well as the certificates issued directly 
by the Government. Thus the great mass of paper money in 
circulation is issued by the national banks, which they must 
first redeem with coin, on demand, and, in case of failure, they 



% 

59 

are paid by the Government, which reimburses itself from the 
deposits. A bank-note differs from a Treasury note in two par- 
ticulars. The Treasury note or "greenback " is a promise of the 
Government, and is legal-tender in payment of all privat' debts; 
the bank-note is the promise of a private company, and is not 
legal-tender. A bank-note is said to be paid when the bank 
gives a greenback or coin for it; a greenback is said to be paid or 
redeemed when the Government gives gold for it. Statistics, 
(1886.) 

The following figures give the amounts of the various sorts of 
money described in the foregoing, which are now in the Treas- 
ury, in the banks, and in the hands of the people : 

Gold coin and gold bullion $590,774,461 

Silver coin and silver bullion 236,815,484 

U. S. Treasurv notes 346,681,000 

National Bank-notes 308,691,000 

Subsidiary and n]inor coins 75,060,000 

It will be noticed that gold and silver certificates are not in- 
cluded, for, as explained, they merely represent an equal amount 
of coin or bullion on deposit. 

The total amount of money is thus $1,558,021,945, which, 
divided by the total population, gives about $26 per capita. It 
should be borne in mind in connection with these figures that 
other devices are used along side by side with money in carrying 
on trade and serving the same purposes, such as checks, drafts, 
bills of exchange, and other forms of credit. 



Pakty Machinery. 

In all the States, counties, cities, and even in the smaller sub- 
divisions of wards, political parties are thoroughly organized, 
with acknowledged leaders, and under systems of rules or party 
government. This party government, or "machine," as it is called, 
has been created by no law or constitution, but is one which has 
been gradually foiXjned by the voters themselves, and under which 
they have voluntarily placed themselves, in order to better suc- 
ceed in their elections, well realizing that the best chance of suc- 
cess is by having all the voters of tlieir party united on certain 
principles embodied in a party platform, and having candidates 
so nominated that the whole party will recognize them as their 
choice. ^ 

The aims of party organization are: First, union, that is, hav- 
ing all voters united as to candidates and platform, and second, 
recruiting or the gaining of new adherents. 

There are nearly always two opposing parties, both striving for 
the control of the Government. Botli have very nearly the same 
system of party government, but their organizations are totally 
distinct and separate one from the other. 

There are two distinct parts of party government. They are, 
1st, a set of committees, whose business it is to do all the work of 
managing elections, such as raising and applying funds for elec- 
tion purposes, organizing meetings, providing orators, publisli- 
ing and distributing political tracts, and other inlbrmation, and 
stirring up enthusiasm by parades and fire-works, etc. They 
have also the iniportant duty of calling together nominating 
conventions. 

The second part of the "machine" embraces the nominating 
conventions, which propose the names of the candidates whom 
their party are to support for election. Tliese assemblies are called 
together by the committees periodically, for the purpose of specific 
nominations, and cease to exist as soon as their work is done. 
Besides nominating candidates, the conventions draw up the 
platform, which is a statement of party principles, beliefs, and 
pledges. To provide for their reassembling next time, they also 
elect a new committee, for the next term ; and also send delegates 
to the next higher convention. Thus are found a committee and 
a nominating convention, managing not only national and State 
elections, but even arranging and running elections in the smaller 
electoral subdivisions. 



61 

There is a committee and a nominating convention for ever}'' 
city, for every county, for every district, and for every State. 
Tliere are, then, throughout the whole United States, such com- 
mittees, each managing its own local affairs, but 3'et all related 
to each other, thus forming one vast organized sj^stem. 

Beginning with the smallest and lowest will be shown their 
mutual connections and workings. Starting, then, with the 
township convention, or convention of a city ward, we find that 
all the voters of the part}^ are called together on a certain da}' by 
a committee (which was chosen at the preceding meeting) for the 
purpose of nominating candidates for local affairs, and naming 
delegates to represent them at the city or county convention. 
The city or county convention, composed of these men, is called 
together by the city or county committee. It first nominates 
candidates for the city or county affairs, and selects delegates to 
the State convention, and also provides for the next meeting by 
the election of a new committee. In similar manner, just before 
every State election, the State convention, composed of city and 
county delegates, is called together by the State central committee. 
Here are nominated men for State offices, a new committee ap- 
pointed to manage State elections; and also, once every four years, 
the important duty of selecting Presidential electors is per- 
formed. The Democrats also select, in this State convention, 
their delegates to the National Presidential Nominating Conven- 
tion. The Republicans select but four delegates from each State 
in State conventions, the remainder being appointed in district 
conventions. Following the same method the National Central 
Committee calls together a National Convention of all the dele- 
gates which have been appointed by the State for the purposes cf 
(1) nominating candidates for their party for President and Vice 
President; (2) drawing up and accepting a party platform; (3) 
selecting a new National Central Committee for the next four 
years, which committee is to manage the election campaign and 
call the next National Convention. 



National Conventions and Presidential Campaigns. 

History and Development of the National Convention. — In the first 
Presidential elections of 1789 and 1792 there was no necessity of 
having regular party nominations made, as the whole people 
were practically unanimous in favor of Washington. Likewise 
in 1796 it was so well understood that Adams was the man 
desired by the Federalists, and Jefferson by the Democrats, that 
formal nominations were not required. But, commencing with 
1800, })olitical parties were more divided in their choice, and 
some method was demanded by which it might be decided on 
whom the party would unite. From 1800 to 1820 this demand 
was met b}' nominations made by Congressmen, in caucuses, or 
private meetings, of the members of each party. This method 
finally proved unsatisfactory to the country, but from 1824-1835 
no new and better method was invented, and nominations were 
made rather irregularly, each State legislature proposing the 
name of its favorite. This method of nomination naturally failed 
to unite the voters of a party, in all the different Strifes, on one 
man, and had to be abandoned. After a failure to revive nomi- 
nation for President by Congressional caucuses, a new method 
was developed and adopted, which was by National Nominating 
Conventions, such as we have to-day. The introduction of this 
last plan may fairly be dated at 1840. National Conventions 
were first held at Eastern cities, but are now held further West, 
to accommodate the shifting center of population, Chicago being 
the favorite city. 

This convention is composed of delegates from all the States. 
Each State sends twice as many delegates as it has representa- 
tives in the National Senate and House of Representatives, all 
thus making a total now of 802. In addition to these, the Re- 
publicans allow two delegates from each of the Territories. 

Method of Procedure. — As soon as the State and Territorial dele- 
gations arrive in the city they each elect a member for the new 
National Central Committee for the next term. Inside of this 
committee is chosen an executive committee, which, in reality, 
does all the work of conducting the campaign. The members 
of this committee are almost always men of wealth, and are ex- 
pected to contribute liberally to the campaign fund. 

The business of the National Convention is commenced by the 
chairman of the National Central Committee calling the con- 
vention to order. A temporary chairman is then chosen, who 
appoints a "committee on credentials," whose duty it is to decide 



63 * 

which delegation shall be admitted in case two delegations are 
sent from the same State, both claiming admittance as repre- 
senting the party in that State. A "committee on resolutions" 
is also appointed to prepare the party phitform. The next day 
the i)ermanent chairman is appointed. The platform is then read 
and adopted, or amended and adopted. There is next an alpha- 
betical roll-call of the States, when names are proposed and sec- 
onded for nomination as candidate for President. The average 
number of names pro])Osed is seven or eight, though sometimes as 
many as twelve are offered. As each man is pro))osed the dele- 
gate presenting his name extols him with a laudatory speech, 
and gives reasons why his man will make a strong candidate and 
an able President. Voting then commences. Each delegate has 
one vote. In the Republican convention a majority of the whole 
number of the delegates voting for one man is required before a 
nomination is had, while the Democrats recjuire a two-thirds vote. 
Sometimes a nomination is made on the first ballot, while at 
other times the convention has been so divided that as man}' as 
53 ballots have been required, as was the case when the Whigs 
nominated Scott. Forty-nine ballots were needed when Pierce 
was nominated by the Democrats. In 1888 Cleveland was nomi- 
nated by the Democrats by acclamation, no vote being necessary 
to show the wishes of the delegates. Harrison was nominated 
by the Republicans on the eighth ballot. 

A candidate for President having been selected, a Vice-Presi- 
dent is in a similar manner, though generally with much less 
trouble, nominated, and the work of the convention is ended. 

The candidates are now put before the people by their respec- 
tive parties. The people, of course, do not vote directly for them, 
but what amounts to the same thing, vote for electors, who are 
pledged to vote for them. A vigorous campaign of four months 
then follows, until election day, in the first week in November. 

Each candidate, a short time after his nomination, is expected 
to publish a letter of acceptance, in whicli he expresses his full 
confidence and belief in the platform which his party has ado]')ted, 
discloses his views, and outlines what his future policy will be 
if elected. 

To recapitulate, then, in a few words, let us see how a President 
is nominated and elected. 

In nominating the President each voter in caucus or primary 
meeting shares in choosing delegates to the ward convention, 
whicli chooses delegates to the city or county convention, which 
ill turn sends delegates to the district conventions. In these, 
delegates are chosen for the State conventions, where Presiilential 
electors are appointed, and also the delegates sent to the National 
Convention. '^ 



64 

In the National Convention, composed of delegates sent from 
the State conventions and Territories, the President is nominated. 
The electors are elected by the people, who in turn elect the 
nominees of their National Convention. If State officers, as 
Governor, Attorney-General, Secretary of State, Treasurer, etc., 
are to he elected, they are nominated in the State conventions 
and elected by the people. 

Besides counties, townships, and cities, States have other sub- 
divisions for political purposes. Thus the whole State is divided 
into senatorial districts, each one of which sends one Senator to 
the State legislature, and also into smaller districts, each one of 
which sends one member to the lower house of the State legis- 
lature. Usually a senatorial district is one or more counties, 
except in the case of large cities, which may in itself contain two 
or more senatorial districts. 

Bryce's American Commonwealth. 

Lalor's Encyclop£edia of Political Science and American 
Historv. 



Introduction' to the Study of the History of Politic.vl 

Parties. 

The United States Government was formed by thirteen inde- 
])endent coloni(!S voluntarily uniting and putting themselves 
under one Government of tiieir own making. This National Gov- 
ernment was formed, as we know, by the individual States giv- 
ing up certain of their powers of government, which could best 
and most safely be exercised by the Federal Government, and 
which would be sufficient to form a central government strong- 
enough to enforce obedience at home and demand respect abroad. 

The solution of the problem of how many, and what the na- 
tional powers should be, was the work of the Constitutional Con- 
vention. Of the difficulties of this task we have already learned 
something. The delicate point to be adjusted was to give to the 
Federal Government the powers which were necessary for the 
establishment of an etfective National Government, but in doing 
so to give no more, and, as far as possible, to retain in the States 
their full governmental powers; in other words, to harmonize 
Federal strength with State sovereignty. 

In the debates which arose in the Constitutional Convention 
and during the contest for the adoption of the Constitution, we 
find the beginning of a political dispute, which has run through 
all our history, and been at the bottom of all real national dis- 
putes between political parties from that time until now — a po- 
litical question if once understood and remembered, will do 
more than anything else to give us a clear explanation for the 
existence of national political parties and for their disputes. This 
political factor in our history is the jealousy of the State govern- 
ments towards the central government — the fear on their part 
lest tlie National Government become too strong at the expense 
of their powers of govennnent. 

The Constitution is often spoken of ns the framework of our 
Government. This statement is likely to be misleading. The 
Constitution has served rather as a foundation upon which to 
build the Government than as an entire framework. As Johns- 
ton, in the encyclopEedia, says: "The Constitution is meant onl}^ 
as a scheme in outline, to be filled up afterwards, and from time 
to time l)y legislation. The idea is most plainly carried out in 
the Federal judi^'iary. The Constitution directs that there shall 
be a Supreme Court, and marks out the general jurisdiction of 
the courts, leaving Congress, under the restriction of the Presi- 
dent's veto power-, to build up the system of courts which shall 



66 

best carry out the design of the Constitution. The Constitution 
made no mention as to how business should be transacted by the 
legislature. Committee government in Congress has been a sub- 
sequent growth. The only mention in the Constitution of the 
Speaker of the House (to-day by far the most powerful officer in 
the Legislature) is where it says : " The House of Representatives 
shall choose their sJDeaker and other officers." All the executive 
departments — the State, War, Navy, Treasury, Post-Office, In- 
terior, Justice, and Agriculture — have been created by acts of 
Congress. So, too, the Constitution gives to Congress control 
of all Territories, but does not provide how that control shall be 
exercised. 

All these parts of government, and many others, have been 
created by right of the power given the National Government in 
the last clause of Section 8, in Article I. In this section, after 
enumerating various particular powers given to the Federal Gov- 
ernment, there is added the clause which reads, " and (shall have 
pjower) to make all laws wliich shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution i.n the Government of the 
United States, or in any department or officer thereof." The 
general rule used in interpreting and applying the Constitutional 
powers has been that the State governments have all govern- 
mental powers, except those granted exclusively to the United 
States, or expressly forbidden to the States by the Constitution ; 
and the United States Government has only those powers granted 
to it in the Constitution. But here in this last clause of the 8tli 
section, just quoted, is a general grant to the National Govern- 
ment of all powers which may be necessary or proper for carry- 
ing into effect any of the powers particularly granted. Who, or 
what is to decide what powers are necessar}^ or proper to ac- 
complish this object ? 

Disputes as to how this clause should be interpreted, and what 
power should be considered as implied under this head and to be 
given to the National Government, have continued throughout 
our whole history, and have formed the basis for almost all na- 
tional politics. These disputes have been caused by the State 
jealousy of the National Government, before spoken of. There 
has always been a party, the members of which favoring great 
powers for the States, rather than for the Federal Government, 
have been "strict constructionists," and have advocated a strict, 
narrow, close construction of this clause, thus to retain in the 
State governments as many powers as possible. For this reason 
they are often called the "States' Rights Party." Opposing them 
has been the party of loose constructionists, wlio have believed 
in a free, liberal construction of the Constitution, and have en- 
deavored to increase the power of the Federal Government. By 



67 

whatever name they may have been known, there have been, 
during the most of our history, two political parties, the one hold- 
ing to strict construction and State rights, and the other to loose 
construction and Federal power. It must not be understood that 
there has ever been a party calling itself the strict (or loose) con- 
struction party, for these names have been used not as titles, but 
only to describe beliefs and aims. 

Let us see now, in a few words, what influence this jealousy of 
the States towards the National Government, and their endeavors 
to strictly construe the Constitution so as to retain as much power 
in their hands as could be, has had upon political parties. 

The Anti-Federalists opposed the adoption of the Constitution 
upon the ground that the National Government was, by that 
scheme, made too strong and the States consequently shorn of 
their power. The Constitution having been finally ratified and 
adopted, and a few years' experience having been sufficient to 
siiow the superiority of the new government over the old one, 
and the consequent benefits to be derived, opposition to the per- 
manent establishment of the new government ceased; and there 
was then no reason for the existence of the Anti-Federalists as a 
party, but the same spirit of State jealousy and fear towards the 
National Government served to keep them united as a political 
party. As a party they now worked, not against the establish- 
ment of the new government, (a question now settled,) but aimed 
to have the Constitution so interpreted as to give to the Federal 
Government control of as few matters as possible. 

Tlie Federalists while in power, by loose construction, claimed 
for the Federal Government the right of establishment and man- 
aging a national bank, and of assuming the State debts. In 
1798 they attempted to stretch the constitutional powers too far 
when they passed the Alien and Sedition Acts, notwithstanding 
the First Amendment, which guaranteed to the people freedom of 
speech and press, and the Fifth Amendment, which said that no 
person should be deprived of life, liberty, or property without 
due process of law. These acts led to a vigorous protest on the 
part of the States, shown in the passage of the Virginia and Ken- 
tucky Resolutions, showing an almost rebellious discontent on the 
part of the States. These resolutions declared that the Constitu- 
tion was a mutual agreement on the part of the States, by which 
the States surrendered only a limited portion of their powers to 
the National Government, and that when the National Govern- 
ment assumed powers not delegated to it, it was the dut}'' of the 
States to object and to protect the rights which they stilt pre- 
served. 

The Federalists were defeated in 1800, and. Jefferson, the leader 
of the Anti-Federalists, (then called the Democratic-Republican, 
or simply the Republican party,) became President. 



68 

Thus, throughout all tiie history of political parties we find 
this question of strict and loose construction of the Constitution 
the root of the political disputes. It has been the loose construc- 
tionists who have favored internal improvements, such as roads, 
canals, etc., at the national expense, national banks, the constitu- 
tionality of the protective tariff, and the power of the National 
Government to compel the obedience of a State government, and 
by force of arms in 1861-'65 to prevent the secession of discon- 
tented States. 

Slavery has, of course, been a source of great disagreement 
between parties, and, loosely speaking, we might say that it was 
the loose constructionists who said that the National Government 
had the power to regulate slavery in the Territories; but when we 
consider closely we will see that the so-called State's rights in 
regard to slavery have always been sectional rights— that is, 
limited to one section of the country— the Soutii. 

In the course of our study we will find that political parties 
have not always held consistently to the same side of the dispute 
between loose and strict construction. The tendency has been 
for a strict construction party, when it comes into power, to 
broaden its views of the Constitution, so that it might exercise as 
much power as possible. Thus, for example, the Anti-Federalists, 
as soon as they gained control of the Government, purchased and 
annexed the vast territory of Louisiana^ the power to do which 
could hardly be found authorized in the Constitution. In ISIG 
they established a national bank, a project which they had vio- 
lently opposed when out of power. 

Scpiouler's History of the United States. 

Johnston's American Politics, 

Encyclopaedia Bmtannica : Article on the United States. 
Vol. XXIIT 



IvEC'ON STRUCTION. 

The conclusion of the civil war in 1865 did not relieve the 
United States Government of its extraordinary difficulties. There 
was the whole South, a conquered territory, outside of the Union, 
for it had seceded and established a government of its own. 
This Confederate government had now been destroyed by the 
North, and the South was thus without a government. Four 
million slaves had been liberated, who were uneducated, without 
money, and living among people hostile to them. Congress must 
provide for and [)rotect them in their rights and freedom. The 
work to be done by Congress, then, was— 1. To decide upon what 
terms ami upon what conditions the seceded States sh(jiild be 
re-admitted into the Union, and to provide for them a govern- 
ment until such re-admission. 2. The negro must be protected. 

The South, not being in the Union, had at this time, of course, 
no representation in Congress, and consequently, the Repubjicans 
\yere in great majority. Unfortunately, Johnson, who succeeded 
to the Presidency at the death of Lincoln, though a Republican, 
disagreed with his party, and legislation upon this subject was 
only secured bypassing all acts by a two-thirds vote over his veto. 

x4fter much discussion, the first Reconstruction Bill, " to provide 
for the more efficient govenniient of the rebel States," was passed 
in 1<S67, vetoed b}^ the President, and passed over his veto. Its 
principal provisions were— 1, The insurrectionary States were to 
be put under United States control, and for tins purpose divided 
into five military districts, over each of which the President was to 
appoint a commanding officer. 2. The people of the vnrious States 
might hold a delegate convention, elected by the citizens who had 
not been deprived of the right to vote for participation in the 
rebellion. The convention was to prepare a new constitution, 
which constitution was to be then submitted to the vote of the 
people, and when ratified by tlieni and approved b}^ Congress, 
should go into force, and the State be entitled to representation in 
Congress. Before approval by Congress the constitutions adopted 
by the rebel States had to all agree in the following particulars : 
(1) abolishing slavery; (2) declaring null and void all debts 
created by States in aid of the rebellion; (3) renouncing all right 
of secession; (4) declaring the ordinance of secession which they 
had passed null and void; (5) giving the right to vote to all tnale 
citizens, without regard to color; (6) prohibiting the passing of 
any law to limit or abridge the rights of any class of citizens. 

In 1808 the Fourteenth Amendment was adopted by a sufficient 
number of States, and was declared a part of the Constitution. 

In 1871 all the States were, for the first time since 1861, repre- 
sented in both houses of Congress. Reconstruction by Congress 
was then completed. 



APPENDIX. 



History and Government op the District op Columbia. 

During the progress and uncertainties of the Revolution, the 
country as a whole may be said to have had no fixed capital. 
Congress was frequenth" obliged to adjourn from place to place, 
and mi at various times at Philadelphia, Princeton, New York, 
and other cities. The Constitution of 1787 provided that Con- 
gress might select a district not more than ten miles square for 
the seat of government, over which it should exercise exclusive 
jurisdiction. The selection of the location for the Federal Capital 
was under serious discussion from 1783 to 1790. The drift of 
opinion was plainly against the selection of a State capital or a 
large city, for fear that local laws or customs might tend to in- 
terfere with the administration of the affairs of the country. 

The final choice of its present site was brought about by a 
political combination of Hamilton and Jefferson. Hamilton and 
the North favored the bill brought in by Hamilton for the Federal 
Government to assume the debts of the States created in conse- 
quence of the war, while Jefferson and the South were unfavor- 
able. The North, on the other hand, desired some Northern city, 
Philadelphia particularly, to be selected as the National Capital, 
and the South desired its location to be in Maryland or Virginia. 
At a meeting between Hamilton and Jefferson it was arranged, 
and afterwards carried out, that Jefferson and the South should 
vote for the funding bill, and Hamilton and the North for the 
present location of the capital. Under this agreement both bills 
became laws, with the proviso that Philadelphia should remain 
the capital until 1800. 

May 12, 1790, the location of Washington was determined, 
and July 16 was accepted the grants of ten miles square from 
Maryland and Virginia. The President (Washington) was given 
quite an extraordinary latitude in the choice of the exact bound- 
aries. It was thus Washington who fixed the exact location of 
the District. The first boundary corner-stone was laid April 15, 
1791. Major L'Enfant, a French engineer, who had served in 
the Army, was selected to design a plan of the proposed city. 
After a short time he was succeeded by Andrew Ellicott, who 
continued to plat the city on a liberal scale. Their plan has 
been followed almost entirely, and the plan of the city to-day is 
as laid out by them. The Capitol building was commenced in 
1793 and the other department buildings about the same time. 

In 1800 Congress removed from Philadelphia to Washington. 
Upon Congress devolved the duty of providing the District with 



71 

a government. In 1802, by an act, it delegated the active func- 
tions of government to a governor appointed by the President, 
and a legislative assembly elected by the people. 

In 1814 the British soldiers captured Washington, and wan- 
tonly burned most of the public buildings. 

In 1820 Washington was granted a charter, under which it 
was governed very similarly to that of other cities. The city of 
Georgetown was under a distinct charter of government, as was 
the rest of the District. There were thus three different govern- 
ments in the District, though Congress had a general legislative 
control over all. 

In 1846 Virginia was given back the land which she had ceded 
to the District, leaving to the District but sixty-four square miles. 
The Government of ]820 continued until 1871, when Congress 
provided it with an entirely new form of government, which 
should have control over the whole District. At this time Wash- 
ington was but little better than an overgrown village. Its popu- 
lation had increased to but 70,000. The streets were mostly un- 
paved, and ahnost impassable in winter. There wxn-e no park- 
ings, shade-trees, circles, nor sewerage system. Oa tiie adjourn- 
ment of Congress \¥ashington collapsed like an empty balloon. 
The government created in 1871 was decidedly an experiment. 
It consisted of a governor, a legislature elected by the people, and 
what was called a '" Board of Public Works." It was also allowed 
a delegate in Congress, similar to the Territorial delegates. The 
Board of Public Works was the real governing power of the Dis- 
trict. It was composed of four members placed in office by the 
President and the Senate, besides the Governor, who was its Pres- 
ident. Their duties were to control all the public works, street 
sewers, etc., make all iinprovements, etc., for which they had large 
powers. These powers they used in a most arbitrary and extensive 
manner, overstepping their powers, where necessary. A. R. Shep- 
herd ("Boss" Shepherd) was the chief of this board. They 
planned and carried out improvements in the city on a collossal 
scale. They paved and graded streets, gave the city the finest 
sewerage system in the world, planted thousands of shade-trees, 
and commenced the plan of making parking in front of all dwell- 
ings, and, ill fact, transformed the city from an unsightly town into 
the handsomest city in the United States. Though done by an 
arbitrary and frequentl}'' unlawful exercise of authority, it was 
what the city needed. 

In doing this the debt of the city was unlawfully increased 
from f^3,000,000 to $20,000,000. Complaint arose in regard to 
this unwarranted use of their authority, and the heavy taxes, 
which amounted to a confiscation of the property in many cases. 
Congress was again petitioned, and in 1874, after a three years' 
trial, this experiment in government was abolished. 



72 

In its place was created our present form of government. Tliongli 
at first declared to be but provisional, in 1878 it was declared 
permanent, and has existed from then, with but few changes, 
until to-day. Congress itself legislates for the District, instead 
of a common council, as in other cities, and is thus the legislative 
branch of the District government. Its executive consists of a 
board of three Commissioners, two of whom are appointed from 
civil life by the President of the United States, and confirmed by 
the Senate, for three years each. They must have been actual 
residents of the District of Columbia for three years next before 
their appointment. The other Commissioner is an officer of the 
corps of engineers of the United States Army, whose lineal rank 
is above that of captain, who is detailed from time to time for 
this duty b}^ the President. The salary of these Commissioners 
is $5,000 each. The judicial branch of the District government 
consists of one court, called the Supreme Court of the District of 
Columbia, with six judges, together with a police court for 
criminal cases. 

The subordinate executive officials are appointed by the Com- 
missioners. They are as follows, their titles indicating in great 
part their various duties: 

1. Attorney for the District, managing its legal business. 

2. Auditor, to see that its accounts are correct. 

3. Collector of Taxes. 

4. Surveyor. 

5. Inspector of Buildings. 

6. Superintendent of Telephone and Telegraph Service. 

7. Superintendent of Gas and Lamps. 

8. Superintendent of Repairs and Streets. 

9. Coroner, to take care of dead bodies found and determine 
cause of death. 

10. Health Officer. 

As the United States owns about one-half of the property in 
the District, in its public buildings, grounds, etc.. Congress pays 
one-half of the expenses of government, and the other half is 
raised from the citizens of the District by taxation, licenses, etc 

Citizens of the District of Columbia have no vote either in the 
choice of President, Members of Congress, or local officers. Its 
government is a unique example of methods of administration, 
as there is no other similar government in the world. In the 
Capital of the United States, whose motto is "Government b}^ 
the People, and for the People," the citizens have absolutely no 
voice at all as to how they shall be governed. 

J. PI. U., Studies, Article on "Washington." 

Todd's "Story of Washington City." 



1 ^ 
< 


NOTiUS ON ► 


u. 


S. GOVERN M EST 1 




AND ► 




ADMINISTRATION, \ 




W. W. WILLOUGHBY, \ 




A. B. Johns Hopkins University, \ 




W. F. WILLOUGHBY, \ 




A. B. Johns Hopkins University. \ 


: 


1889. i 


^VVVVVTVWV 


Copyrighted, 1889, by W. W. and W. F. Willoughby. 1 




LIBRARY OF CONGRESS 




